Judicial Review: Shaping New Law into Solution-Focused Answers for Your Clients
Court-Proven, Solution-Focused Answers to 7 of the Biggest Legal Challenges facing Experienced Practitioners: Directly from 8 Top-Flight King’s Counsel
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Available online
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Information you won't find elsewhere
Our experts talk under Chatham House Rule, so you get the best, most readily usable information they wouldn't share elsewhere
Programme
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09:30
Registration and coffee
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10:00
Chair's Introduction
Judicial Review: Shaping new law into solution-focused answers for your clients
Chaired by Christine O'Neill KC, Brodies
Christine is “irreplaceably smart, thoroughly decent, and the finest Scots public lawyer of her generation.” She handles some of the most sophisticated and significant JRs and public inquiries.
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10:10
Fairness
How do you advise on evolving case law over procedural and substantive fairness and the associated intensity of review, and gain an edge for your clients?
Answered by Fenella Morris KC, 39 Essex Chambers
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.
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10:45
Deference
What is the court's current approach to deference and public body decision-making? What factors will make a difference, and where will future challenges come from?
Answered by Zoë Leventhal KC, Matrix Chambers
Zoë is "a superb silk who does an impressive mix of work for claimants and government." She acted in Dolan v SSHSC over the lawfulness of lockdown measures.
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11:20
Morning Coffee
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11:35
Candour
Where - right now - are the limits of the Duty of Candour for claimants, defendants and interested parties, supported by new case law and practical examples?
Answered by James McClelland KC, Brick Court Chambers
James represented a Yemeni group in its challenge to the Government’s sale of arms to Saudi Arabia. “He is a phenomenally good barrister with an outstanding mind and judgement.”
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12:10
Consultation
Where is the line between (1) consultation and (2) informal engagement in JR claims following the spate of recent cases, and how do you turn the argument in your favour?
Answered by Tom Cross KC, 11KBW
Tom acted in the JR over the Government’s responsibility for children with special educational needs. “His advice is absolutely reliable and he comes up with innovative and creative arguments.”
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12:45
Overrun
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13:00
Lunch
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13:45
Proportionality
How far can you push the court on proportionality in JR claims, how do you plead it, and does it apply outside of EU or human rights contexts?
Answered by Joanne Clement KC, 11KBW
Joanne is “undoubtedly one of the cleverest individuals at the Bar” and a Public and Human Rights Barrister of the Year.” She acted in the £5 billion challenge to the Personal Independence Payment regime.
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14:20
Anonymity
What is the latest thinking on anonymity orders and disputes of fact in JR, and where will you find a tactical advantage for your cases?
Answered by Nicola Braganza KC, Garden Court Chambers
Nicola is “absolutely fearless, charming, ruthless, incredibly effective and a fighter”. She acted in the wide-ranging litigation arising from the Taliban takeover of Afghanistan.
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14:55
Relief & Remedies
What counts and what will sway the court over relief and remedies in JR claims, including suspended quashing orders, and how are you to advise clients?
Answered by Sarah Hannett KC, Matrix Chambers
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.
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15:30
Over-run
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16:00
Close of conference
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