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Administrative Court: Practice and Procedure

Edited by: Beverley Lang, Gerard Clarke, David Pannick, Lord Lester of Herne Hill

ISBN13: 9780421905009

ISBN: 042190500X

Published: August 2006

Publisher: Sweet & Maxwell Ltd

Country of Publication: UK

Format: Hardback

Price: Out of print

Administrative Court: Practice and Procedure is a detailed practice manual that gives practitioners dealing with the Administrative Court access to highly authoritative guidance on the procedures involved in bringing a case before the court.

Written by authors with unparalleled experience and authority in this field, it provides the assurance that procedures will be followed correctly, identifies areas where problems can occur, and supplies a wealth of practical tools to ensure smooth running of cases

Provides best-practice guidance on all procedural matters relating to the Administrative Court
Covers in full the processes and procedures of judicial review
Deals with procedures for all other aspects of the court's workload (statutory appeals, statutory applications, case stated, etc)
Includes practical advice on how to negotiate the procedures effectively
Features a comprehensive set of precedents and court forms
Analyses case law in-depth
Sets out all relevant legislation, procedural rules and practice directions

Subjects:: Constitutional and Administrative Law, Judicial Review, Courts and Procedure

Contents:: 1. Introduction and overview; Supreme Court Act 1981, RSC O.53, the Crown Office and the Divisional Court, replaced by CPR Pt 54, the Administrative Court Office and the Administrative Court. Sources of information about practice and procedure (books and internet sites).; 2. Overview of the jurisdiction of the Administrative Court.; Judicial review (when is it appropriate to proceed by way of judicial review rather than by claim to the QBD), statutory appeals and applications, case stated.; 3. The Administrative Court and the Administrative Court Office; Structure, Judges, personnel, how they operate; Master of the Crown Office; Practice Directions; A Judicial review; 4. Pre-action procedure; Pre-action protocol, timing and delay, identifying appropriate claimant/s with sufficient interest, group claims, identifying appropriate defendant/s, interested parties, identifying the decision to be reviewed, alternative remedies, funding.; 5. Commencing a claim; Contents of claim form, evidence in support, human rights and devolution issues, accompanying documents, preparation of bundle, urgent applications.; 6. Acknowledgment of Service; Purpose, contents, application for directions, effect of failing to file an acknowledgment of service; 7. Determination of the application for permission; The test applied, procedure, renewal of permission application, listing, adjournment, transfer to another division of High Ct., costs.; 8. Interim relief; Injunctions, declarations, stays, bail; 9. From permission to the hearing; Defendant's detailed statement of grounds and evidence, Claimant's evidence in reply, evidence, case management, disclosure, cross examination, preparation of documents for the hearing.; 10. Settlement/discontinuance of claim; 11. The hearing; Listing, procedure at the hearing, costs; 12. Remedies; 13. Appeals; 14. References to the European Court; 15. Procedural table for judicial review claims; (quick reference guide, similar to tables in Atkins Court Forms & Supperstone and Knapman); 16. Relevant legislation & CPR, pre-action protocol; 17. Court Forms and precedents; 18. Practice Directions; B Statutory Appeals; 19. Introduction, overview, and schedule of statutory appeals to Administrative Court, listing governing legislation and procedural provisions.; 20. Procedure for appeals to a single Judge of the Administrative Court.; 21. Procedure for appeals to the Divisional Court.; 22. Relevant legislation; 23. Relevant procedural rules and practice directions; 24. Court forms and precedents; C Statutory applications; 25. Schedule of statutory applications to Administrative Court, listing governing legislation and procedural provisions.; 26. Procedure for applications to a single Judge of the Administrative Court.; 27. Procedure for Appeals to the Divisional Court.; 28. Relevant legislation; 29. Relevant procedural rules and practice directions; 30. Court forms and precedents; D Case Stated; 31. Case stated by Magistrates; 32. Case Stated by Crown Court; 33. Case Stated by Minister, Tribunals and Other Persons; 34. Relevant legislation; 35. Relevant procedural rules and practice directions; 36. Court forms and precedents