Judicial Review Principles and Procedure

Written by three experienced practitioners, this definitive work provides unrivalled analysis and guidance on the law of judicial review.

Updated with the most relevant and recent case law, this new edition of Judicial Review: Principles and Procedure includes chapters on each of the substantive and procedural grounds on which a claim for judicial review may be brought, including topics such as fairness, consultation, proportionality, and legitimate expectation. It offers detailed treatment of areas such as the public sector equality duty, challenges to administrative policies, challenges to legislation, and common law constitutional rights. The book contains comprehensive coverage of the procedure at each stage of a claim for judicial review, from the pre-action stage to the permission stage and interim remedies, through to the substantive stage, final remedies, and costs. Newly added to this edition are a comprehensive guide to post-Brexit UK-EU Relations Law contributed by Jack Williams, and a guide to the use of international law in judicial review contributed by Sean Aughey-both of which ensure that the book provides a uniquely full treatment of all of the issues which might be encountered in practice.

The volume's accessible format allows readers easily to access the law on specific points, making it an indispensable reference for barristers, solicitors, public sector organisations, and legal libraries.

Jonathan Moffett, Barrister, 11 King's Bench Walk Chambers,Jonathan Auburn, Barrister, 11 King's Bench Walk Chambers,Andrew Sharland, Barrister, 11 King's Bench Walk Chambers

Jonathan Moffett KC is a leading public law silk, with over 25 years' practical experience in the field. He has argued judicial review cases at all levels up to the Supreme Court and the European Court of Human Rights, and he is recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, and education law. Mr Moffett sits in the Administrative Court as a Deputy High Court Judge, and as a Recorder in the Crown Court. He is a former Chair of the Constitutional and Administrative Law Bar Association.


Jonathan Auburn KC is recognised as a leading public law silk, recommended by both Chambers & Partners and the Legal 500 as a leading practitioner in administrative and public law, local government law, community care law, education law, and mental capacity (Court of Protection). He sits as a Recorder in the Crown Court.


Andrew Sharland KC is recommended as a leading silk in Chambers and Partners and/or Legal 500 in public law and human rights, local government law, community care law, education law, information law, and public inquiries and inquests. He has been nominated as public law silk of the year by Legal 500. He practices in domestic, European and Commonwealth courts. He is also co-author of Media Law and Human Rights (OUP 2009).

PART I: THE BASIS FOR AND SCOPE OF JUDICIAL REVIEW1. The legal and theoretical bases for judicial review2. Scope of judicial reviewPART II: JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT 1998, UK-EU RELATIONS, AND INTERNATIONAL LAW3. The Human Rights Act 1998 and judicial review4. UK-EU relations law and judicial review5. Public international law and foreign relations in judicial reviewPART III: PROCEDURAL GROUNDS OF CHALLENGE6. Procedural fairness: general issues7. Procedural fairness: specific requirements8. Consultation9. Bias, predetermination, and independence10. Delay on the part of public bodies11. Notice of and reasons for decisionsPART IV: SUBSTANTIVE GROUNDS OF CHALLENGE12. Sources and scope of public bodies' power and duties13. Acting outside scope of powers and duties14. Failing to comply with duties or to exercise powers15. Relevant, irrelevant, and permissable considerations16. Public sector equality duty17. Unauthorised or improper purposes18. Irrationality and unreasonableness19. Proportionality20. Legitimate expectations21. Errors of fact22. Policies, guidance, and non-statutory schemes23. Challenges to legislation24. Common law constitutional rightsPART V: PROCEDURE AND REMEDIES25. Introduction to judicial review procedure26. Claims for which judicial review procedure must or may be used27. The parties28. The pre-action stage29. Bringing the claim and initial responses to the claim30. Evidence, the duty of candour, and disclosure31. The permission decision32. Interim remedies33. The substantive stage34. Appeals35. Costs36. Final remedies