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Chapter

Cover Public Law Directions

16. Judicial review: grounds and remedies  

This chapter assesses judicial review and the rule of law, the three traditional grounds of judicial review, proportionality, the modern approach to judicial review, and remedies. Judicial review is the rule of law in action. Through judicial review, the courts place constraints on executive power by upholding and projecting rule of law principles on to executive actions. Indeed, it ensures that administrative decisions are taken rationally, in accordance with a fair procedure, and within the powers conferred by Parliament. As such, the traditional judicial review grounds of illegality, irrationality, and procedural impropriety are applied flexibly to protect individuals against the unreasonable, arbitrary, procedurally unfair, or unlawful use of power. Judicial review has unique remedies known as prerogative orders which comprise mandatory orders, prohibiting orders, and quashing orders.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

30. Arbitration Awards and Orders  

This chapter assesses four different types of awards and orders that are available to arbitrators. Procedural orders provide procedural directions and measures designed to preserve evidence or the subject-matter of the dispute (conservatory measures) while an arbitration is proceeding. Meanwhile, interim awards and awards on different issues dispose of one or more of the substantive issues in the arbitration, leaving the other issues to be decided later. Final awards dispose of the arbitration, while costs awards provide for the payment of the costs incurred in the arbitration between the parties. Usually, once an order or award is made, it is binding on the parties. Most sets of institutional arbitral rules include provision for parties making suggestions for the correction of clerical mistakes in orders and awards. Lawyers also need to advise their clients on the meaning and effect of the tribunal's decision, and where there is further work to be done, to take the client's instructions on the next steps.

Chapter

Cover Competition Law

22. Mergers (3): UK  

This chapter discusses UK law on the control of mergers. The chapter is organized as follows. Section 2 provides an overview of the domestic system of merger control. Section 3 explains the procedure of the Competition and Markets Authority (CMA) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. Section 4 describes how Phase 2 investigations are conducted and Section 5 discusses the ‘substantially lessening competition’ (‘SLC’) test. Section 6 explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases. The subsequent sections discuss various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and a brief account of the provisions on public interest cases, other special cases and mergers in the water industry. The withdrawal by the UK from the EU means that many mergers that were subject to a ‘one-stop shop’ under EU law are now subject to investigation in the UK as well.