The process through which legal redress may be obtained against public authorities is often criticised as being politicised , of little value to claimants , and burdensome on public bodies. Based on the largest empirical study of judicial review outcomes to date , Varda Bondy , Lucinda Platt and Maurice Sunkin explain how the process can actually benefit claimants , and improve policy and practice.
15 Oct 2015
This is the powerpoint (PDF) which accompanied a presentation on judicial review and mediation. The presentation covered:
– when to mediate , pre or post permission?
– what added value can mediation offer to complement litigation?
– how to propose mediation persuasively or deal with a refusal to mediate
10 Jul 2015
This research paper considers the extent to which the Ministry of Justice review of the Mandatory Civil Legal Advice Telephone Gateway engages with the key legislative and policy intentions behind it , as well as the extent to which the Gateway , as implemented , meets those intentions.
2 Mar 2015
Public bodies have in recent years been exhorted to get decisions ‘right first time’. The concept of administrative justice is seen by some scholars as including initial decisions as well as what happens when administrative decisions are challenged. Notwithstanding these developments , the redress of grievances remains central to the concerns of administrative law scholars , and public bodies expend a great deal of time and money handling grievances. It is just about possible to imagine an idealised administrative system in which no errors are ever made by decision-makers and all past , present and future decisions are accepted as correct and legitimate by citizens and business enterprises. In reality , this can never be achieved (except perhaps in well-resourced administrative schemes of limited size and relative simplicity).
31 Jul 2012
What place does mediation have in judicial review cases? Research by the Public Law Project (PLP) and the University of Essex on the permission stage in judicial review concluded that most judicial review claims are settled and that most settlements satisfy the claims made in the judicial review. While some cases that settle as a result of bilateral negotiations could arguably result in a better outcome for one or both parties were they mediated instead , mediation is an unlikely option where more familiar and straightforward routes to disposal are available to lawyers.
31 Jan 2011
The aim of this research is to establish an independent evidence base for identifying the value and the limits of mediation as an alternative to , or used alongside , judicial review.
13 Jun 2009
Given its place in the UK’s constitutional system , an empirically based understanding of the way the judicial review procedure operates is of the utmost importance to users of the system and policymakers. This project offers the first analysis of the process since the post-Bowman reforms were introduced in October 2003 and does so at a time when potentially major changes are taking place to the system in the form of regionalisation and the anticipated transfer of certain cases from the Administrative Court to the Upper Tier Tribunals.
3 Jun 2009
As long ago as January 1999, Lord Irvine’s inaugural lecture to the Faculty of Mediation and ADR recognised that, whilst ADR has an expanding role within the civil justice system, ‘there are serious and searching questions’ to be answered about its use. This article explores the place of alternative dispute resolution in the public law system.
2 Sep 2004
The study provides a detailed breakdown of the number of civil judicial review claims issued and granted permission in each category within the research period. It considers the incidence of Human Rights Act claims in judicial review proceedings and compares the outcome patterns of HRA and non-HRA cases, concluding that there is little evidence to
15 Jun 2003
This report describes the process and outcomes of an ‘action research’ project conducted by the Public Law Project with the financial support of the Nuffield Foundation.
1 May 2001
In 1997, PLP received funding from the National Lotteries Charities Board to carry out the first independent, national evaluation of the operation and effectiveness of the NHS complaints procedure introduced in April 1996. The aim of this report is to evaluate the procedure from the perspective of health service users, looking at issues of fairness
6 Sep 1999