Judicial review for NGOs , charities and their lawyers: When should NGOs and charities bring claims? What kinds of claims are most likely to succeed? How can claims be funded? How can NGOs or charities minimise the costs risk of losing and get a Protective Costs Order? How does the Aarhus Convention help access to justice in environmental cases?
Review of all departments work between 2006 – 2011
This paper provides updates on: the impact of Personalisation on Community Care assessment and provision; the reform of Adult Social Care law; the provision of NHS Continuing Healthcare to individuals living in the community.
The paper provides considerations on the international law and comparative law , and when it is relevant to apply them in practice in the UK , including incorporation of international treaties and customary international law into domestic law and the direct applicability of the EU Treaty.
Examination of: legal aid for judicial review; Protective Costs Orders (PCO); Condition Fee Agreements (CFA); the implications of the Jackson costs proposals.
This paper looks into recent developments in the Court of Protection , the Court’s welfare jurisdiction and the developing case law on deprivation of liberty.
This paper provides an overview of recent caselaw regarding cuts to health and social care.
This paper looks at how the equalities duties have been used in key cases. It also looks at the Equality Act 2010 and its ‘drawing together’ of previous legislation.
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.
Consideration of rights and remedies in adult social care – community care as a public law discipline.
Where does the duty of fairness come from , when does it apply and what does it require?
This paper analyses the ‘principle of legality’ and ‘anxious scrutiny’ and their role in securing the protection of constitutional rights since the enactment of the HRA.