D Hayes Public Law Practice
2 Contributions by D Hayes Public Law Practice Experts
PRACTICE NOTES
Section 31 of the Senior Courts Act 1981 (SCA 1981)
Section 31 of the Senior Courts Act 1981 (SCA 1981) sets out the statutory scheme for judicial review. It is not an exhaustive catalogue of powers, and case law can identify or clarify how inherent powers operate in practice (for example, when the High Court will grant bail). The routes and rules for judicial review in the Administrative Court—a specialist ‘list’ within the Queen’s Bench Division of the High Court—are prescribed by the Civil Procedure Rules 1998 (CPR). CPR 54 and CPR PD 54A address judicial review specifically. From 14 July 2022, fresh remedial powers appear in SCA 1981, s 29A, introduced by the Judicial Review and Courts Act 2022. This discretionary jurisdiction permits the court to make suspended and prospective-only quashing orders. Debate about these powers emerged alongside potentially
Immigration
PRACTICE NOTES
Judicial review
In essence, any administrative ruling about a person’s immigration status or nationality can be contested, on orthodox public law grounds, by way of judicial review when no other remedy is available. Judicial review denotes the mechanism through which judges of the Administrative Court—within the King’s Bench Division of the High Court of Justice—and, from 1 November 2013, the Upper Tribunal (Immigration and Asylum Chamber), determine the legality of public bodies’ acts or omissions, and supervise inferior courts and tribunals. In Council of Civil Service Unions v Minister for the Civil Service, Lord Diplock observed that: ‘Judicial review…provides the means by which judicial control of administrative action is exercised.’ Its role in immigration matters is particularly pronounced, since most decisions no longer carry a right of appeal, leaving judicial review oversight as the sole legal remedy. In O’Reilly v Mackman the process
Immigration
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