What is it?

Administrative law is the body of law that regulates decision making.  If it sounds broad that is because it is.  At Coode & Corry we specialise in administrative law, but we find that most people don't know what it is.  This is because it is broad and covers a lot of areas of law that don't seem to relate to each other.

 

 

 

 

What decisions are covered?

In short all decisions are covered.  As administrative law is based upon common law principles there is no inherent restriction to it's reach.  When your university lecturer decides upon your grades administrative law applies.  When your sports tribunal decides whether to suspend someone for rough conduct administrative law applies.  When RMS decides whether to suspend your licence administrative law applies.

 

We often hear people saying 'but we are just a small organisation' or ' that doesn't apply to use it only applies to government bodies or large corporations'.  This simply isn't the case, we haven't yet encountered a matter where we were advising a client where the principles of administrative law didn't apply.

 

 

 

Why is it important?

Administrative law is important because if it is found that the principles weren't applied then the decision is forfeited, even if the decision itself is probably correct.  Administrative law relates mostly to the processes that occur prior to or as part of making the decisions.

 

If the processes aren't complied with then the decision is on the face of it void.  When we advise corporations and bodies who are making these decisions we are often saying to them that you need to change your processes, not necessarily the end decision but you have to follow the correct path to get there.

 

 

 

Bruce Coode

Who should I speak to?

Be careful of lawyers who don't have a track record in this area, administrative law is an odd and broad area of law that can only be understood by keeping up to date with the case law in the area.  It touches all other areas of law a little bit, so all lawyers know a little bit, but Bruce understands the whole area.  He can tell you in the initial half hour consultation whether you should be pursuing an administrative law remedy.

 

Be careful of lawyers who don't have a track record in this area, administrative law is an odd and broad area of law that can only be understood by keeping up to date with the case law in the area.  It touches all other areas of law a little bit, so all lawyers know a little bit, but Bruce understands the whole area.  He can tell you in the initial half hour consultation whether you should be pursuing an administrative law remedy.

 

 

 

Where can I get more information?

If you would like to read some more information about administrative law then click on the link to the right to read some more of our articles.