Henderson Chambers

This Practice Note provides an introductory guide to applications for damages in judicial review proceedings, with reference to examples from case law. It examines the circumstances in which an application for damages may arise and the considerations for a public authority dealing with an application. It also includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.

This Practice Note summarises the Article 6 Convention right. It considers when the right to a fair hearing applies, the content of the right, implied rights and specific guarantees in criminal cases. It looks at the limits of the right, and how the right to a fair trial can be waived.

This Practice Note considers the key legal issues raised by the development and use of autonomous and connected vehicles in the UK (also known as self-driving vehicles, driverless cars or automated vehicles). It covers key terminology, the current state of technological developments and key issues such as insurance, product liability, negligence, and data protection.

This Practice Note sets out some practical tips for a public body to consider during the decision-making process, with a view to reducing the risk of challenge by judicial review. Both robust decision-making processes and prompt handling of claims pre-action and through alternative dispute resolution will save time and costs downstream. This Practice Note also deals with the steps a public body can take to protect itself and includes a checklist of matters of good practice to help reduce successful permission applications.

This Practice Note examines the circumstances and processes under which a borrower may settle a credit agreement early.

This Practice Note sets out the general position on costs in judicial review proceedings with reference to some specific examples such as cases involving official bodies and immigration cases.

This Practice Note sets out the regulations that apply to regulated agreements, as defined by the Consumer Credit Act 1974, and their application to the drafting and variation of consumer credit agreements or consumer hire agreements that are regulated agreements.

This Practice Note examines the duty of candour in judicial review, with a particular focus on the defendant’s obligations. All parties to judicial review proceedings are under a general duty of candour to disclose facts and information relevant to the proceedings. The general duty of candour places a particular burden on public authorities to evidence relevant information in order for the court to evaluate the facts, without being reminded to do so. Failure to disclose, even where the information will assist the claimant’s case, can lead to specific disclosure requests and affect the outcome of the case including punitive cost orders.

This Practice Note outlines the ground of judicial review usually known as legitimate expectation. It provides introductory guidance to when a legitimate expectation may arise, the types of legitimate expectation and whether and how a legitimate expectation may lawfully be frustrated.

This Practice Note explores the time limits for judicial review. In particular, it looks at the circumstances in which the Administrative Court has agreed to hearing cases that are out of time, allowing applications for extensions and the circumstances for urgent judicial review cases.