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Judicial Review: Shaping New Law into Solution-Focused Answers for Your Clients

  • Thu 1st July 2021 until Thu 4th November 2021
  • On-demand, United Kingdom
  • 5 hrs CPD

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So you know what to expect, here is a clip of Fenella Morris QC. Fenella is answering the question: What are the unresolved issues - both legal and practical - over deference to regulatory and expert panels, and what are the implications for JR?

On-demand Programme

  1. Duty to consult

    The interaction of the duty to consult with the common law duty of fairness - how far can you push the Court?

    When does fairness require you to re-consult?

    Answered by: Sarabjit Singh QC

    Sarabjit is a "brilliant legal mind and all-round star: he brings clarity and structure to very complex disputes." He acted for HMRC in high-profile Brexit-related litigation.

  2. EU law

    How do you run arguments formerly based on fundamental principles of EU law?

    Same old/same old or important modifications to be made?

    Answered by: Anneli Howard QC

    Anneli is “superb - a client's dream counsel- a real class act and brilliant strategic thinker." She is a contributor to Ward and Smith on ‘Competition Litigation in the UK’.

  3. Procedural rigour

    Is there a shift in the wind over the Court's requirement for procedural rigour in public law litigation?

    Answered by: Francis Hoar of Field Court Chambers

    Francis acted in R (Dolan) v Secretary of State over the lawfulness of the March 2020 'lockdown' regulations. He is " a complete tour de force" and a Public law junior of the year (finalist), 2020.

  4. Substantive unfairness

    Drawing on recent and live cases, how is the Court responding to claims of substantive unfairness in judicial review?

    Answered by: Sarah Hannett QC

    Sarah is "a pre-eminent JR lawyer, known for her ability to find solutions." She acted in the Third Direction case, the lawfulness of MI5 agents participating in criminal activity.

  5. Disclosure

    Where are the limits of disclosure - including confidential information – in judicial review, supported by case law and borderline examples?

    Answered by: James Maurici QC

    James is "one of the top JR silks at the Bar - bringing a really clear insight into how cases are won and lost." He is defending five JRs over the proposed new runway at Heathrow.

  6. Deference

    What are the unresolved issues - both legal and practical - over deference to regulatory and expert panels, and what are the implications for JR?

    Answered by: Fenella Morris QC

    Fenella is "an intellectual powerhouse - encapsulating incredibly complex issues in beautifully put arguments." She acted in the JR over the extension of Wasps Rugby Club's stadium lease.

  7. Candour

    How does candour apply at the pre and post-permission stages?

    Are its requirements more rigorous once permission has been granted?

    Answered by: Charles Streeten

    Charles is a "fast-rising star for JR, matching the very best for talent." He acted in the Supreme Court in the leading case on the entitlement to restitution in public law.

  8. Rolling JR

    How has existing thinking changed on "rolling" Judicial Review claims - where the Court considers the case as the claim and circumstances progress?

    Answered by: James Goudie QC

    James is co-author of ‘Supperstone, Goudie and Walker on JR’. He is "the fount of all knowledge for JR" and "shows superb judgement." He sits as a Deputy High Court Judge.

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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Additional clips from Judicial Review

Anneli Howard QC on EU Law

Sarah Hannett QC on Substantive unfairness

Francis Hoar on Procedural rigour

James Maurici QC on Disclosure

Charles Streeten on Candour

James Goudie QC on Rolling JR

Sarabjit Singh QC on Duty to consult

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