Conference materials

Costs in the First-Tier and Upper Tribunals: Does the Regime Promote Access to Justice?

Sarah Hannett

This paper provides an overview and analysis of the costs in the First-Tier and Upper Tribunals and their implications.

4 Jun 2013

Conference materials

A Comparative Introduction to Tribunals and Public Law

Tim Baldwin

This paper provides a brief introduction to the history and structure of tribunals in England and Wales and consideration of practical questions , such as: How are tribunals different from higher courts? What features are shared and what features differ , in practice? Where tribunals fit in the context of other public law remedies , and what public law issues apply across tribunal chambers?

4 Jun 2013

Conference materials

Judicial Review of age assessment decisions in the Upper Tribunal

Alison Pickup

Transfer of judicial to the Upper Tribunal in immigration cases is currently limited by statute but , since late 2011 , all ‘fresh claim’ judicial reviews have been transferred to the UT , and many judicial reviews of social services’ age assessments are also transferred there. This paper looks at the procedure and practical implications of judicial reviews being considered in the Upper Tribunal (IAC) regarding age assessments.

4 Jun 2013

Conference materials

Update on Welsh Constitutional Issues

Theodore Huckle QC, Counsel General to the Welsh Government

The Government of Wales Act 2006 represents a landmark in Welsh history: formally separating the executive from the legislature in Wales , and providing a host of new powers for Welsh ministers and now , since the 2011 referendum , bringing broad primary legislative power to Wales for the first time in over 500 years.

11 Apr 2013

Conference materials

Human Rights Update 2013

Tim Buley

An analysis of the important developments in human rights law , from the UK and Strasbourg courts over the last year.

11 Apr 2013

Conference materials

Challenging new infrastructure

Richard Turney

This paper takes a practical look at the procedures for consenting new infrastructure in Wales , through the Planning Act 2008 and the Hybrid Bill procedure , and consider the potential areas for challenge (including consultation , strategic environmental assessment and habitats issues) for those opposed to such infrastructure. Through recent case studies , the paper examines the tactics and procedure for such challenges.

8 Apr 2013

Conference materials

The Most Important Tribunal Cases of the Year

Tim Buley

This paper reviews the most important cases of the past year , and considers their impact on case law and implications for future appellants.Review of the most important cases of the past year , consideration of their impact on case law and implications for future appellants.

6 Apr 2013

Conference materials

The ‘General Power of Competence’ in the Localism Act: Devolving Democracy or the End of Accountability?

Helen Mounfield QC

The Localism Act is intended to give ‘new freedom and flexibility’ to local government , increase the power of communities and individuals , and to reform the planning and housing systems to enable decisions to be taken at a local level. Is this the unfettering of local government from central control , or the end of accountability?

15 Oct 2012

Conference materials

Law and Policy: Notes

Raza Husain QC

What is the difference between policy and law? When is policy law and when is it not law? When does it have to be published? Who decides what it means? How is it enforced? By what standards is compliance with policy measured?

15 Oct 2012

Conference materials

Challenging Community Care Decisions after McDonald and KM

Stephen Broach and Stephen Cragg QC

Issues and central principles arising out of both cases , including the assessment duty , the positive obligations owed to disabled people under Article 8 ECHR , the use of the Resource Allocation Schemes to calculate ‘indicative budgets’ , and the duty to meet assessed needs where ‘necessary’. The barristers , who between them acted for the claimants in both cases , discuss how the central principles of the cases can and should be applied in future challenges to community care decisions.

15 Oct 2012

Conference materials

Judicial Review in the Upper Tribunal (Immigration and Asylum Chamber)

Christopher Buttler and Melanie Plimmer

An update on Judicial Review in the Upper Tribunal (Immigration and Asylum Chamber) including a consideration of recent approaches to age assessments and fresh claims and proposals for all immigration judicial reviews to be transferred to the Upper Tribunal.

15 Oct 2012

Conference materials

Public Law Research Update Part 2: How is regionalisation affecting the use of Judicial Review?

Sarah Nason and Professor Maurice Sunkin

This paper discusses the impact of regionalisation on Judicial Review.

15 Oct 2012