This paper aims to give a general overview of the use of mediation in the context of challenges against local authority decisions by parents of children with special educational needs (SEN). It briefly describes the main external mechanisms (as opposed to internal complaints procedures) for resolving or determining SEN disputes.
17 Apr 2014
The law and practice around choosing the correct forum.
This talk examines the range of remedies available in private law claims as well as analysing the principles and practice of the quantification of damages.
The aim of this paper is to look at the torts of misfeasance in public office and negligence , and why they offer only limited redress against public authorities.
28 Mar 2014
Can a coherent framework for obtaining financial redress for state wrongdoing emerge from the patchwork of EU law , ECHR law and domestic public and private law?
13 Oct 2013
This paper and the associated audio file deals with rights of access to information held by public authorities – especially under the Freedom of Information Act 2000 (“FOIAâ€) and the Environmental Information Regulations 2004 (“EIRâ€);
It also covers judicial review in information privacy cases about the retention/disclosure of information by public authorities , involving Data Protection Act 1998 (“DPAâ€) and/or Article 8 of the Convention.
20 Jan 2014
25 years of judicial review: advancements , challenges and the future
15 Oct 2012
The following topics will be covered in this lecture: a. Recovery of inter partes costs in judicial review. b. Costs budgeting. c. Protective Costs Orders. d. Wasted Costs Orders and Non party costs orders. Inter partes
8 Nov 2013
There are by now so many JR cases , which cover such a broad range of topics that a talk such as this is necessarily nothing more than a personal choice , and cannot hope to be comprehensive. What is set out below is merely a few cases from 2013 which may be of general interest. There will be many others which are relevant to your particular cases and practices.
The first part of this paper , reviews important environmental decisions relating to land use planning. The second part considers recent costs decisions specific to environmental law. The third part summarises recent changes to the CPR and further proposals , again relating in particular to land use planning.
11 Nov 2013
Mike gives JR a healthcheck – looking at the body and brain of judicial review in an extended somatic metaphor. Note that the main auditorium of Herbert Smith Freehills has two very large striking blue portraits (approximately 8ft tall) of screaming faces , painted in harsh , disturbing blue. These are the pictures he refers to in the address.
25 Oct 2013