Administrative Law 4e student resources is no longer available and it was replaced by Administrative Law 5e.
Chapter 10 Notes on key legislation
Chapter 10 Notes on key legislation
How to sue the government: judicial processes and judicial remedies
- Section 3 (obligation to read legislation and to give it effect in a way which is compatible with the Convention rights.)
- Section 4 (declarations of incompatibility)
- Section 6 (making conduct of a public authority ‘unlawful’ if contrary to a Convention right, unless statute requires it)
- Section 7 (proceedings by a victim)
- Section 8 (remedies)
- Schedule 1 (list of the Articles of the European Convention of Human Rights to which the Human Rights Act gives effect)
- Part 1 (overriding objective)
- Part 3 (case-management powers including striking out and extending or shortening the time for compliance with any rule)
- Part 24 (summary judgment)
- Part 25 (interim remedies – interim declarations Rule 25.1(1)(b))
- Part 40 (declaratory relief – Rule 40.20)
- Part 54 (judicial review, previously Rules of the Supreme Court Order 53)
- Defines a claim for judicial review
- Indicates the remedies available
- Outlines the need for permission
- Indicates the time limit
- Indicates procedures applying at the permission and substantive stages
- Provides for interim declarations
- Schedule 1: Rules of the Supreme Court (RSC) Order 54 (applications for writ of habeas corpus - not to be confused with Part 54, which governs all claims for judicial review other than a claim for a writ of habeas corpus).
Supreme Court Act 1981 (as amended by Civil Procedure [Modification of Supreme Court Act 1981] Order 2004, SI 2004/1033)
- The name of the Act was changed, by the Constitutional Reform Act 2005 Schedule 11, from ‘Supreme Court Act 1981’ to ‘Senior Courts Act 1981’
- Section 29 as amended by Article 3 of 2004 Order (provides that mandamus, prohibition and certiorari are to be known as mandatory order, prohibiting order and quashing order)
- Section 31 as amended by Article 4 of 2004 Order (claim for judicial review, amended to allow for ‘restitution or the recovery of a sum due’ in judicial review)
- Section 42 (process for the ‘restriction of vexatious legal proceedings’)
- Section 21 allows the court to give a declaration in an ordinary claim against the Crown
- Section 17 provides that in form, the claim is against the relevant department or the Attorney-General