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Categories:
Human Rights, Civil Liberties & Public Law
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Litigation in the Administrative Court, even in fairly simple judicial review cases, can be a relatively slow process. Interim relief is therefore an important weapon available to claimants to ensure their claim is not rendered academic by the passage of time. Related to the question of interim relief is the issue of timing and delay. An applicant for urgent interim relief or expedition of a substantive hearing will be expected to have acted with the utmost promptness. In this podcast David Forsdick from Landmark Chambers begins by examining the consequences of delay and the latest developments concerning the judicial review time limit. He then goes on to consider the circumstances in which an expedited rolled-up hearing will be justified before giving a useful summary of the relevant principles and procedure applicable to interim relief applications and tips for securing and resisting an interim injunction.

Outcomes:
After completing the course you will:
  • Be familiar with the standard approach in public law and EU cases post Uniplex and Berky to delay in judicial review;
  • Appreciate the consequences of delay in judicial review;
  • Be familiar with the urgent cases procedure;
  • Appreciate the situations in which a rolled up hearing will be justified, drawing on the lessons learnt from the recent ‘missiles on the roof’ case;
  • Have considered the relevant principles and procedure applicable to applications for an interim injunction;
  • Know how to secure and/or resist an application for an interim injunction.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1 (05 February 1975);
  • MD (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 194;
  • Practice Statement (Administrative Court: Listing and Urgent Cases) [2002] 1 W.L.R. 810;
  • R (Finn-Kelcey) v Milton Keynes BC [2008] EWHC 1650 [2009] Env LR 4;
  • R (on the application of Berky) v Newport City Council [2012] EWCA Civ 378;
  • R v MAAF, ex p.Monsanto [1999] Q.B. 1161. Senior Courts Act 1981;
  • SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940;
  • Uniplex (UK) Ltd v NHS Business Services Authority (Case C-406/08).
Tags:

In this podcast barrister David Forsdick from Landmark Chambers discusses delay and interim relief in judicial review, drawing on the lessons learnt from the recent case of R (on the application of Harrow Community Support Ltd) v Secretary of State for Defence [2012] EWHC 1921 (Admin), better known as the ‘missiles on the roof’ case.

Date recorded: 18th July 2012

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