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Commercial Regulation and Judicial Review
By
Julia Black, Peter Muchlinski and Paul Walker
Description
The development of
judicial review has been one of law\\\'s great growth industries for
more than a quarter of a century. It is the public bodies whose
activities are routinely subjected to judicial scrutiny which have
felt the effects of judicial review most keenly. There has also been
a trend in recent years towards judicial review of private bodies
whose activities include a public aspect. This has meant a growing
awareness,in industry and commerce, of the potential for review of
regulatory decisions. In light of the growing importance of this
branch of public law, the LSE and Brick Court Chambers decided
jointly to host a series of seminars out of which this book has
developed.
In this important
new book expert academics and practitioners (some of them lawyers
working in regulated industries) analyse the origins and modern
growth of judicial review in the commercial context and attempt to
analyse the way in which the law may develop in the future.
Julia Black is a
Lecturer in Law at the London School of Economics and Political
Science.
Peter Muchlinski
is Professor of Law at Queen Mary and Westfield College, London.
Paul Walker is a
High Court Judge.
Contents
Table of Cases
Table of
Legislation
1 Introduction by
Julia Black and Peter Muchlinski 1
2 The
Juridification of Relations in the UK Utilities Sector by Colin
Scott 19
3 Commercial
Regulation and Judicial Review: the Fault Lines by Martyn Hopper 63
4 Court
Procedures and Remedies in the Context of Commercial Regulation by
Michael Swainston 97
5 The Need for
Wholesale Reform on Vires Issues in Public and Private Law by
Christopher Clarke and Catharine Otton-Goulder 109
6 Reviewing
Regulatory Rules: Responsibility to Hybridisation by Julia Black 123
7 Irrationality
and Commercial Regulators by Paul Walker 159
Index 173
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