Henderson Chambers
13 Experts
7 Contributions by Henderson Chambers Experts
PRACTICE NOTES
Article 6
Article 6 of the European Convention on Human Rights (the ‘ECHR’) provides that:
When a person’s civil rights and obligations are being decided, or any criminal charge against them is considered, every person is entitled to a fair and public hearing within a reasonable time by a tribunal established by law that is independent and impartial. Judgment must be given publicly, but the press and public can be excluded from all or part of the hearing in a democratic society in the interests of morals, public order or national security, where the interests of juveniles or safeguarding the parties’ private life so require, or, in the court’s opinion, to the strictly necessary extent in special circumstances where publicity would prejudice the interests of justice.
Everyone charged with a criminal offence is presumed innocent until proved guilty according to law.
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Public Law
PRACTICE NOTES
This Practice Note sets out the situations and procedures by which a borrower can bring a credit agreement to an early close.
Introduction to early settlement
Borrowers may terminate regulated agreements at any time by giving statutory notice and paying the sums then due, less any rebate (Consumer Credit Act 1974, s 94 (CCA 1974)). Unless the agreement is secured on land, they are entitled as of right to clear all or part of what they owe. Contracting out is prohibited; creditors cannot remove the right to early settlement or make it conditional.
When can borrowers settle early?
Borrowers under a regulated consumer credit agreement may settle some or all of the agreement at any time, provided they:
give notice to the creditor; and
pay all amounts then due under the
Financial Services
PRACTICE NOTES
In judicial review, noting that a document exists or once existed is usually achieved by the duty of candour, not by a formal disclosure process.
Default lack of formal disclosure and inspection exercise
By default there is no formal disclosure; it is not required unless the court directs otherwise. This is because judicial review turns on the legal consequences of mostly agreed facts; the court does not resolve factual disputes; and all sides owe a duty of candour to the court, so separate “disclosure” is unnecessary (though in practice the outcome is often similar). The same approach applies to judicial review, statutory reviews and appeals in the Administrative Court. The court retains a broad discretion to order disclosure, but that power will be exercised sparingly.
General duty of candour
All parties to judicial review are under a general duty of candour requiring them to reveal the
Public Law
PRACTICE NOTES
General rule on costs in judicial review
The default position on costs in judicial review, as in other litigation, is that costs follow the event. That said, parties may apply for pre-emptive costs orders. The costs of, and incidental to, all proceedings in the High Court are within the court’s discretion. By statute, the High Court has discretion to award costs on a judicial review application. Taking into account every relevant circumstance, including the overriding objective, the court may make a costs decision that departs from the default rule.
The scope of the court’s discretion includes:
whether one party must pay another’s costs
the quantum of those costs
the timing of payment
Ordinarily, costs follow the event unless, on the particular facts, the court considers that a different order on costs, such as a pre-emptive costs order, should be made, for example to enable the claimant to continue the case. An
Public Law
PRACTICE NOTES
Time limits for bringing a judicial review claim
On receipt of a judicial review claim form, a public body should first carefully assess whether it has in fact been brought within time. For more detailed guidance, see Practice Note: Judicial review—time limits and the pre-action protocol.
Different time limits apply for particular categories of judicial review claim:
Challenges to an Upper Tribunal decision must be filed within 16 days of the Tribunal’s decision notice being sent
Public procurement claims must be issued within 30 days of when a claimant knew, or ought to have known, of the alleged breach of the public procurement rules
The Administrative Court Judicial Review Guide, para 6.4.3.3, states: ‘Where the claim concerns a decision under [PA 2023], it must be commenced within the period specified by [PA 2023, s 106]: 30 days from the date when the claimant first knew or ought to have known that
Public Law
PRACTICE NOTES
While a claimant cannot always be stopped from lodging judicial review proceedings, a public authority that follows a well‑founded decision-making process is better placed to convince the court to reject the case at the outset. Under CPR 54.1(2)(a), a judicial review claim is one seeking scrutiny of the lawfulness of either an enactment, or a decision, act, or omission connected to carrying out a public function. This Practice Note sets out measures a public body can adopt to guard against an adverse judicial review outcome. It offers non-exhaustive checklists of factors and sound practice aimed at lowering the prospects of permission being granted for judicial review applications...
Public Law
PRACTICE NOTES
In some situations, borrowers can step away from agreements covered by the Consumer Credit Act 1974 (CCA 1974) within 14 days. This Practice Note sets out when that withdrawal right arises and how to use it in practice. It clarifies availability and the steps to take in detail. It also looks at parallel provisions for P2P agreements contained in the Consumer Credit sourcebook (CONC) too.
Introduction
The withdrawal right for regulated agreements is anchored in CCA 1974, s 66A, which transposed the EU Consumer Credit Directive (2008/48/EC). Two preliminary points deserve emphasis at the outset. First, the substance of this right has remained largely unchanged since responsibility for consumer credit was assumed by the Financial Conduct Authority (FCA) in April 2014, following the transfer of functions. Nevertheless, alterations to the framework are anticipated, so readers should stay alert to legal
Financial Services
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