Bringing and Defending Judicial Reviews
In Planning, Environmental, Commercial Procurement and Licensing Matters
Judicial Review has been used to stop, review, frustrate and even 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 instructive conference will ensure that parties bringing and defending challenges are able to do so most effectively by referencing and using topical examples, like the Heathrow JR. The speakers will follow worked examples through from justification to finish to ensure a thorough review of JR procedures.
|17 July 2019||Bryan Cave Leighton Paisner LLP, London|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
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 whether 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. It is only available where there is no other effective means of challenge.
This seminar will review;
- The new time limits that were imposed in 2013 to restrict delays by bringing a judicial review.
- The rules which have been re-codified and tightened up, so those bringing judicial review challenges must ensure they meet the timetable.
- The new cost cap rules, make it more affordable for challengers, (which then creates more risks for authorities and promoters of planning schemes).
- The cost cap rules require a claimant to provide a statement of their 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 action they should be taking. Tactically, it can also create inertia since a judicial review could take more than a year to be heard.
- Cash strapped authorities have to protect their decisions from judicial review; and if they fail, decide carefully whether the merits justify defending a claim.
- Recent trends in decisions such as the Heathrow Judicial Review
This half day practical conference will ensure that parties defending and challenging decisions are able to best bring forward their case. It will appeal to solicitors, planners, developers and their agents, claimants, lobby groups and objectors, as well as regulatory authorities and public bodies.
Introduction, Overview and Focus by Chairman - Meyric Lewis
- Trends and tactics
- Susceptibility to judicial review: the new regime - a double edged sword
- Options available to the court
- The approach of the Administrative Court
- Costs associated with judicial review
The following sessions will look at the law, rules, tactics and best practice and will provide examples.
Mounting a Claim
- Whose decisions can be challenged by judicial review?
- Is judicial review the right remedy?
- Grounds for a judicial review
- When does the judicial review 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 judicial review
- 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 judicial review as a commercial weapon
- Interested parties - when to appeal?
- Financial remedies and judicial review
Review, Conclusions and Recap