Judicial Review: Principles and Procedure, 2nd Edition by Jonathan Moffett KC | 2026

Judicial Review: Principles and Procedure, 2nd Edition by Jonathan Moffett KC | 2026

Drawing on the expertise of three highly experienced practitioners, this authoritative book offers comprehensive analysis and practical guidance on the law and practice of judicial review.

This new edition of Judicial Review: Principles and Procedure has been thoroughly updated to reflect the latest and most significant case law. It provides dedicated coverage of the substantive and procedural grounds on which judicial review claims may be brought, including fairness, consultation, proportionality, and legitimate expectation. It also examines key areas such as the public sector equality duty, challenges to administrative policies and legislation, and common law constitutional rights.

The book provides detailed guidance on the entire judicial review process, covering every stage from pre-action procedures and applications for permission to interim remedies, substantive hearings, final remedies, and costs. New to this edition are an extensive overview of post-Brexit UK-EU Relations Law, written by Jack Williams, and a dedicated discussion of the role of international law in judicial review, contributed by Sean Aughey. Together, these additions provide particularly comprehensive coverage of the legal issues practitioners may encounter in this field.

Presented in an accessible and practical format, the book enables readers to quickly locate and understand the law on particular issues. It is therefore a valuable reference resource for barristers, solicitors, public sector bodies, and legal libraries.

New in the Judicial Review: Principles and Procedure, 2nd Edition: 

• Provides updated analysis of issues such as the duty of candour and the treatment of evidence in judicial review, both of which have assumed greater practical significance since the publication of the first edition.

• Introduces new chapters examining the application of post-Brexit UK-EU Relations Law and international law in judicial review, written by specialists with expertise in these areas.

• Incorporates comprehensive and current coverage of recent developments in case law, including key decisions of the Supreme Court.

Table of Contents of Judicial Review: Principles and Procedure, 2nd Edition

Part I: The Basis For And Scope Of Judicial Review

1:The legal and theoretical bases for judicial review
2:Scope of judicial review

Part II: Judicial Review And The Human Rights Act 1998, UK-EU Relations, And International Law

3:The Human Rights Act 1998 and judicial review
4:UK-EU relations law and judicial review
5:Public international law and foreign relations in judicial review

Part III: Procedural Grounds Of Challenge

6:Procedural fairness: general issues
7:Procedural fairness: specific requirements
8:Consultation
9:Bias, predetermination, and independence
10:Delay on the part of public bodies
11:Notice of and reasons for decisions

Part IV: Substantive Grounds Of Challenge

12:Sources and scope of public bodies' power and duties
13:Acting outside scope of powers and duties
14:Failing to comply with duties or to exercise powers
15:Relevant, irrelevant, and permissable considerations
16:Public sector equality duty
17:Unauthorised or improper purposes
18:Irrationality and unreasonableness
19:Proportionality
20:Legitimate expectations
21:Errors of fact
22:Policies, guidance, and non-statutory schemes
23:Challenges to legislation
24:Common law constitutional rights

Part V: Procedure And Remedies

25:Introduction to judicial review procedure
26:Claims for which judicial review procedure must or may be used
27:The parties
28:The pre-action stage
29:Bringing the claim and initial responses to the claim
30:Evidence, the duty of candour, and disclosure
31:The permission decision
32:Interim remedies
33:The substantive stage
34:Appeals
35:Costs
36:Final remedies

About the Author:

Jonathan Moffett KC is a prominent public law silk with more than 25 years of experience in legal practice. He has appeared in judicial review proceedings before courts at every level, including the Supreme Court and the European Court of Human Rights. He is recognised by both Chambers & Partners and Legal 500 as a leading practitioner in administrative and public law, local government law, and education law. In addition to his practice at the Bar, Mr Moffett serves as a Deputy High Court Judge in the Administrative Court and as a Recorder in the Crown Court. He previously served as Chair of the Constitutional and Administrative Law Bar Association.

Jonathan Auburn KC is an established public law silk who is recognised by Chambers & Partners and Legal 500 for his expertise in administrative and public law, local government law, community care law, education law, and mental capacity matters before the Court of Protection. He also sits as a Recorder in the Crown Court.

Andrew Sharland KC is recognised by Chambers & Partners and/or Legal 500 as a leading silk across a broad range of practice areas, including public law and human rights, local government, community care, education, information law, and public inquiries and inquests. He has also been nominated by Legal 500 for Public Law Silk of the Year. His practice encompasses proceedings before domestic, European, and Commonwealth courts. He is additionally the co-author of Media Law and Human Rights (OUP, 2009).

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