Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Our experienced judicial-review team works with community organisations on all aspects of judicial review, including bringing challenges to decisions of public bodies.
At Anthony Collins Solicitors, we know that at times circumstances arise where a social businesses may need to challenge a decision made by a public body. Whilst it is always best to try alternatives to court proceedings first, such as mediation, sometimes these methods are unsuccessful and a judicial review claim is necessary.
A judicial review claim must be brought within three months of the decision being made by the public body and challenge the process in which the decision was reached, not the outcome of the decision. If it is felt that a public body has not acted in compliance with legislation, a judicial-review claim could be brought.
For a social business to challenge a decision legally, it must have been made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions. Decisions by public bodies can be challenged on a number of grounds, including:
- The public body not having the power to make a particular decision or it having gone beyond its authority.
- The public body acting in an unreasonable or irrational manner.
- Decisions having been made without carrying out consultation.
- The procedure followed by the public body is unfair or biased.
- The decision failing to comply with the public body’s statutory basis or its own internal rules.
- The decision taken is in breach of the Human Rights Act or European Community Law.
- The public body failing to comply with one of its legal duties, such as, the public sector equality duties.
Our judicial-review service
At Anthony Collins Solicitors our experienced team of judicial-review solicitors have extensive experience in helping social businesses bring judicial review claims against public bodies such as local authorities or public sector regulators. Our judicial review services include:
- Advising organisations on whether they have grounds for bringing a judicial review claim.
- Supporting organisations to bring a judicial review claim.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial-review court proceedings.
A pragmatic and efficient solicitor ensuring clients receive effective resolutions.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.