CPT Events

Promoting and enhancing best practice and technical expertise

Bringing and Defending Judicial Reviews

In Planning, Environmental, Procurement and Licensing Matters

Judicial Review has been used to stop, review, frustrate and indeed force decisions made by a public or regulatory authority. It is a hugely tactical environment where cost capping, time limits, and case law are used to win the day in Court.  This conference will ensure that parties defending and challenging decisions are able to do so effectively.   

Date Venue Price  
1 November 2018 Strand Palace Hotel, London £160 BOOK

Note: All prices are subject to VAT at the prevailing rate

Event duration: Half Day (3 hrs 30 mins CPD).
Registration from: 13.15. Event starts at: 13.40. Event finishes at: 17.30.

Download and print your full course brochure here 

Judicial Review is a challenge to the way in which a decision has been made by a public body. It is concerned with whether the law has been correctly applied, whether such a body has the power or duty to act, or make a decision; and that the right procedures were followed. It is also available for failures to act.  It is not concerned with the substance of the decision; but rather how that decision was made and it is only available where there is no other effective means of challenge.

This practical conference will ensure that parties defending and challenging decisions are able to best bring forward their case. The half day event will look at;

  • The new time limits that were imposed in 2013 to restrict delays by bringing a JR. 
  • The rules that have been re-codified and tightened up, so those bringing JR challenges must ensure they meet the timetable.
  • The new cost cap rules, making it more affordable for challengers, but creating more risks for authorities and promoters of planning schemes.
  • The cost cap rules that require a statement of financial resources. Even with a cap in place, the process remains complex and potentially costly.
  • It can be a fast, effective and powerful way to convince a public body to reconsider a decision, or force them to take the action they should be taking. Tactically it can create inertia, since a JR could take more than a year to be heard. 
  • Cash strapped authorities have to protect their decisions from JR and if they fail, decide carefully whether the merits justify defending a claim.

This afternoon event will appeal to solicitors, planners, developers and their agents, claimants, lobby groups and objectors, as well as regulatory authorities and public bodies.  

Confirmed Speakers To Date

Programme

Introduction, Overview and Focus by Chairman - Meyric Lewis

  • Trends and Tactics
  • Susceptibility to JR: The new regime - a double edged sword
  • Options available to the court
  • The approach of the Administrative Court
  • Costs associated with JR
  • Equality of Arms
  • Procedures

Judicial Review in Practice

The following sessions will look at the law, rules, tactics and best practice, providing examples throughout:

Mounting a Claim 

  • Whose decisions can be challenged by JR?
  • Is JR the right remedy? 
  • Grounds for a JR
  • When does the JR clock start to tick? - Time limits and lodging appeals
  • Cost capping
  • Tactics - How to plead your case and when?

Responding to Claims

  • Protecting authority decisions from JR
  • Decision-maker's check list
  • Spotting problem areas
  • How to minimise risk?
  • Golden Rules for defending a claim
  • Defendant's check list
  • Tactical issues
  • Using procedures effectively

The Commercial Perspective - Looking after the clients' interests

  • Protecting third party interests
  • Using JR as a commercial weapon
  • Interested parties - When to appeal? 
  • Financial remedies and JR

Case Law Update

  • Discretion 
  • Procedures
  • Trends and forecasts in Human Rights cases
  • Delays

The Future of Judicial Review 

  • Rationalisation and the New Tribunals Structure
  • Trends and forecasts in JR practice