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Judiciary

This category contains 37 posts

Fordham’s Ten Principles of the Duty of Candour in Judicial Review

Elizabeth O’Loughlin (University of Durham), Cassandra Somers-Joce (King’s College, London and University of Oxford) and Gabriel Tan (University of Oxford and University of Durham) Introduction The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations … Continue reading

Pay to prove that you are a child: the government consults on fees for age assessment appeals to the Immigration and Asylum Chambers

By Jonathan Collinson (University of Huddersfield) The government has launched a consultation on the fees payable by applicants who lodge certain kinds of appeals in the Immigration and Asylum Chambers (IAC): the administrative tribunals responsible for hearing appeals against decisions of the Home Office in immigration and asylum matters. The consultation proposes fees – payable … Continue reading

The “no substantial difference” test for judicial review remedies – a snapshot of the trends

Mustaqim Iqbal (University of Oxford) and Lee Marsons (University of Essex) Reforming judicial review remedies is back on the legislative agenda. The last time similar proposals were suggested, the result was section 84 of the Criminal Justice and Courts Act 2015 (CJCA), which inserted section 31(2A)-(2C) and (3C)-(3F) into the Senior Courts Act 1981. This … Continue reading

Financial Remedy Recommendations made by the Parliamentary and Health Service Ombudsman

Financial Remedy Recommendations made by the Parliamentary and Health Service Ombudsman Robert Thomas (University of Manchester) This blog presents some data concerning financial compensation recommendations made by the Parliamentary and Health Service Ombudsman (PHSO) acquired through a freedom of information request. When the PHSO makes a finding of maladministration or service failure, it will consider … Continue reading

Mandatory Orders and the enforcement of public law duties: R (Imam) v Croydon LBC

Mandatory Orders and the enforcement of public law duties: R (Imam) v Croydon LBC By Gabriel Tan In public law, the imposition of a duty on a public body means that the body must act in a particular way, or secure a particular outcome. Where these duties are not fulfilled, the most direct and effective … Continue reading