There have been lots of exciting things going on in the courts recently regarding the constitution and fundamental rights. Michael Fordham QC has delivered an overview of these changes in his earlier talk. This seminar aims to fill in the detail. It outlines the recent changes and argues that there is as yet no certainty that a repeal of the HRA will make no difference. It gives suggestions for what may be done now to try to enhance the protection of fundamental rights by the common law and to safeguard your cases from the potential repeal of the Human Rights Act.
The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases below (from September 2014 to July 2015) necessarily reflects our personal choice , and no doubt there are many others that could have been included. We have each picked four cases. They are summarised below in chronological order.
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.
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
This paper considers how to use the protective and investigative obligations under Articles 2 and 3 in private law claims to secure accountability where public authorities fail to protect people in their care , fail to investigate and protect people against risks posed by other private individuals , or fail to investigate violations of the state’s duty to protect people from death and serious harm.
This is the powerpoint accompanying a presentation by Nikolaus Grubeck on extra-territorial accountability. The presentation covered the scope of extra-territorial accountability; issues and degrees of involvement; causes of action; jurisdiction; applicable law; defences and a discussion of practicalities.
Paying for a claimant’s own costs; minimising liability for an opponent’s costs; maximising recovery of a claimant’s costs in the event of success.
This paper covers some of the key issues that arise in private law immigration detention claims , as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along , either arising out of the areas covered below , or relating to other issues that come up in immigration detention civil claims.
Recent developments in protest law and remedies. This is a practical guide to the potential civil actions available as well as current and new threats to the right to protest.
This document addresses civil remedies to enforce UK environmental law with emphasis on private law claims (public and private nuisance , Rylands v Fletcher liability and negligence) and damages under the Human Rights Act 1998. It also covers the impact of the Aarhus Convention on procedural issues relevant to private law environmental claims , including costs protection and access to environmental information.
A review of recent case law , including the impact of the Supreme Court’s decision in Michael v Chief Constable of South Wales Police.
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.