Article by Jonathan Lewis – Public Law – When will courts entertain academic public law

Lexis Nexis Public Law analysis written by Jonathan Lewis.

In this case, the claimants sought judicial review of decisions communicated in pre-action correspondence to the effect that amended education, health and care (EHC) plans would not be produced by Devon County Council (the Council) within a particular timescale. The claims raised a short point of statutory construction. Permission to claim judicial review was granted on the papers. At the substantive hearing, despite hearing full argument on the statutory construction point, the judge declined to decide the point on the basis that the claims had become academic. The Court of Appeal decided that he erred in doing so.

This article was first published by Lexis®PSL on 19 March 2021.

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