Podcast Location:
Download it here [file size: 33.8 MB]
Categories:
Human Rights, Civil Liberties & Public Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

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:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

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

This podcast is aimed at practitioners interested in public law. It first explores the grounds on which a judicial review can be mounted before going on to consider how regulatory bodies and disciplinary proceedings buy such bodies comes within this framework.

Outcomes:
After completing the course you will:
  • Understand the circumstances in which public law principles can be invoked in a regulatory or disciplinary context;
  • Know whose decisions are (and are not) amenable to judicial review;
  • Know who has standing to bring judicial review proceedings in this context;
  • Be aware of the key procedural stumbling blocks in a judicial review;
  • Understand the common grounds on which judicial review can be sought including the tests for illegality, procedural impropriety, irrationality and want of proportionality.;
  • Understand what are remedies are available in judicial review proceedings in this context;
  • Be aware of some recent case law on judicial review in the regulatory and disciplinary sphere;
  • Understand some of the funding issues in this area of law;
  • Know what tactical considerations should be born in mind by defendants on the wrong end of a judicial review challenge.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • ECHR Article 6;
  • R (on the application of Remedy UK Ltd) v The General Medical Council [2010] EWHC 1245 (Admin);
  • R (on the application of Independent Police Complaints Commission) v West Midlands Police & Ors [2007] EWHC 2715 (Admin);
  • R (on the application of G) v X School & Ors [2010] EWCA Civ 1;
  • R (on the application of Balchin & Anor) v Parliamentary Commissioner for Administration [1996] EWHC Admin 152;
  • R (on the application of Daly) v Secretary of State for The Home Department [2001] UKHL 26;
  • R (on the application of Coke- Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1;
  • R (on the application of Thomson) v The General Chiropractic Council (2008).
Tags:

This podcast reviews the judicial review jurisdiction and its application to the functioning of professional and other regulatory bodies and disciplinary tribunals. What decisions of, for example, the SRA or BSB are susceptible to challenge on public law grounds and how are such claims enforced?

Podcast added: 14/05/12

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