Centre for Tax Law Workshop

University of Cambridge, Centre for Tax Law Programme & Booking Form for Workshop on Friday 14th January 2011

The Old Kitchens, Queens’ College Cambridge Speaker - Dr Mark Elliott - St Catharine’s Cambridge M.A. Ph.D. (Cantab)

University Senior Lecturer Administrative law general principles. Mark has just won the celebrated Pilkington prize for being one of the best lecturers in the whole university. He also lectures regularly to judges at their training sessions. First book Constitutional Foundations of Judicial Review Hart Publishing 2001 He is also the editor of Beatson and Matthew

10.10 Session 1 (50 minutes) - General constitutional issues • Nature and control of discretionary power • Parliamentary sovereignty • EU Law • European Convention on Human Rights • Statutory interpretation and the scope of discretion: the rule of law; the principle of legality; the Human Rights Act 1998

11.15 - Session 2 (85 minutes) Judicial review, tribunals, statutory interpretation and jurisdictional error • Overview of grounds of judicial review • Distinctions between appeal and review/legality and merits • Absence of appeal/review distinction in relation to jurisdictional questions of law: implications for scope of governmental bodies’ discretionary powers over questions of statutory interpretation • The new tribunals system: the Upper Tribunal’s powers of ‘judicial review’; relationship between tribunals and courts; susceptibility of tribunals’ decisions to judicial review by the High Court • Remedies and the status of unlawful exercises of discretion: void and voidable administrative acts

12.40 Lunch

13.30 - Session 3 (60 minutes) Legitimate expectations • Introduction to legitimate expectation doctrine • Circumstances in which legitimate expectations may arise, including extent to which statements of policy may create legitimate expectations • Distinction between procedural and substantive legitimate expectations • Judicial protection of legitimate expectations: procedural protection and substantive protection; the Wednesbury test and proportionality/balance of fairness test • Distinction between ultra vires and intra vires representations; extent (if any) to which ultra vires representations may give rise to legitimate expectations

14.45 - Session 4 (40 minutes) Open session for questions and discussion

If you would like to attend this workshop please email the Centre for Tax Law for the booking form - ctl@law.cam.ac.uk - by Friday 7th January 2011