Articles

Civil Litigation

Implied term

Terms of a contract of employment that are not written where the courts “imply” a term where it is absolutely necessary or where it is clear that the parties would have agreed to that term if it had been discussed.

Judicial review

A claim to review the lawfulness of (a) an enactment, or (b) a decision, action or failure to act in relation to the exercise of a public function. Judicial review is only available against public bodies exercising public functions and “inferior” courts.