FOR EVERYONE FROM EXPERIENCED PRACTITIONERS TO LITIGANTS IN PERSON: A STEP-BY-STEP GUIDE TO JUDICIAL REVIEW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers As Stephen Sedley reminds us in the Foreword to the second edition of this book, judicial review of governmental acts and omissions didn’t even feature in the Bar examinations in the 1960s! Yet now, judicial review is ‘centre-stage in both legal theory and legal practice’ -- and this is not the only distinctive aspect of judicial review. Another is the central and salient fact that in judicial review, it’s the state that is usually one of the parties. Thus the purpose of judicial review, at least in theory, is to hold open the option for individuals to challenge the might of the state. From the signing of Magna Carta in 1215 -- as the authors point out in the preface -- the common law has developed (not without struggle) to protect fundamental rights and freedoms. So it is curious that it’s only within the last half century or so that judicial review has been formally instituted to uphold these rights. Judicial review, then, is intended to ensure that decisions made by the state that affect the lives of individuals -- or groups --are both democratic and lawful. The stated aim of the expert authors of this Guide, recently published by Jordans, has therefore been to assist access to judicial review on the part of individuals and their advisers. ‘We hope’, they say, ‘that both experienced lawyers and litigants in person will be able to rely on this book to guide them through the process.’ The book is divided into four parts. The first – Law and Practice – guides the reader step by step though the complexities of the judicial review process, from initial instructions to appeals and ultimately, costs. As in many another legal process, costs are the caveat emptor and anyone contemplating a resort to judicial review should bear in mind the expense that is likely to ensue. Parts II, III and IV offer respectively, a procedural checklist, forms and precedents (twenty in all) and finally, a guide to the relevant legislation and protocol. The second edition cites a number of new developments in law and practice; developments in costs and funding being one of them. Other new material focuses on such issues as changes to appeals (CPR Part 52)… ongoing developments in case law… and new limitations in the context of immigration. These of course are only a few examples. As one would expect, this reliable, concise and readable work of reference contains extensive tables of cases, statutes, statutory instruments and European and international material, plus a 17-page index at the back. From students and academics, to experienced and inexperienced practitioners alike, anyone interested in this complex but fascinating subject -- or professionally involved in it -- should rush out and acquire this book as a matter of priority. The law is stated as at 1 January 2012.

Phillip Taylor - 12/05/2012 Report this Review

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