This paper looks at public law interventions in light of Cart and AK.
Written evidence to the joint committee on human rights in response to enquiry into the implications for access to justice of the government’s proposed legal aid reforms submitted by the public law project
Documents on the 2013 Transforming Legal Aid consultation.
Louise Whitfield pioneered the use of the equalities duties challenge funding decisions and continues to make ground breaking cases for community groups and NGOs , using the Administrative Court. This paper explores the development of this area through the analysis of recent cases.
A practical look at interim injunctions and other pre-trial remedies in JR covering: what they are; when they are available; and how to go about getting them.
This paper provides an analysis of Section 149 of the Equality Act 2010 , which imposes extensive legal duties on public authorities by requiring them to pay due regard to the need to eliminate discrimination and promote equality with regard to the various ‘protected characteristics’. It looks at the impact of Section 149 on the requirement to consult , and the way in which public authority’s own financial resources can bear upon the performances of the duty.
This paper looks at the procedural developments in human rights-based claims in judicial review , with special focus on disclosure , public interest immunity and the cope for calling evidence following landmark cases such as R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 2387 , where the Administrative Court indicated that it should not be reluctant to order disclosure or permit live evidence and cross-examination in appropriate judicial review cases.
This presentation provides an overview of recent caselaw on the topic.
This paper considers changes made to the legislative arrangement in respect of the rights of people with mental health problems in Wales by the Mental Health (Wales) Measure 2010 and how those rights can be enforced. The authors analyse how the Measure was drafted , its implementation via associated Regulations and what the likely impact will be.
This paper provides an overview of recent equality duty cases.
Themes in these papers include: recent decisions and possible grounds of challenge in public sector costs cases , including equality duties , legitimate expectation , vires and Wednesbury. The paper also considers the relevance of resources in this context and practical tips for bringing such challenges.
An examination of the Welsh contribution to judicial review , looking at key cases past and present. Clive also assesses the future in light of the referendum on transfer of powers from Westminster to Wales.