Litigating the cuts

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.

Devolution and Evolution: Judicial Review in Wales

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.

Education Challenges in Wales

This paper looks at the opportunity for public law challenges arising from Welsh education legislation.

A Year in Judicial Review: Important cases of the Last 12 Months

A round-up of the important cases and decisions from the last 12 months.

Funding and Costs Issues in Judicial Review

The government is seeking to apply significant restrictions on funding for JRs (on top of those imposed by LASPO 2012). At the same time , the courts have been clarifying the principles governing costs recovery. This seminar will provide practical tips and advice to help claimant lawyers sustain a JR practice into the future.

Defending Judicial Review Claims

This paper provides an overview of recent developments and tips on strategy for lawyers defending judicial review claims.

Ombudsman v JR

With legal aid for JR under threat , practitioners may want to consider alternatives. Ombudsman decisions themselves are amenable to JR. Representations to the Ombudsman are free , claimants don’t need a lawyer – and in a landscape in which the government appears only to be prepared to fund legal advice for itself , that’s of increasing significance.
Although there are some disadvantages to using the Ombudsman , there are also advantages , both are considered in this paper.

Designing redress: a study about grievances against public bodies

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).

Exceptional funding: a fig leaf, not a safeguard

The Public Law Project looks at the latest statistics on exceptional funding from the Legal Aid Agency , which show that the scheme is not fit for purpose and does not provide a safeguard for access to justice.

Exceptional Funding Referral Form

Final Exceptional Funding Website Referral Form

Public Law and the Voluntary Sector

The paper gives an introduction to the value of public law to voluntary sector organisations.

Exceptional Funding for Inquests

This presentation provides an overview of exceptional funding for inquests.