Jimena - JR 2

Question 1

What governs a JR application?

Answer 1

• civil procedure rules
• some legislation

Question 2

What does the court need to do to make the application?
What will the court check?

Answer 2

• needs to provide leave
• needs to check the challenge is properly arguable, other alternative remedies have been explored, there isn’t too much delay

Question 3

Why were legislative measures for JR brought in?
what were these?

Answer 3

• Government was concerned about the aggressive use of JR
• more procedural requirements etc.
• e.g. court may refuse if it thinks the same decision will be reached again

Question 4

What was established to review the JR process?
What did it find?

Answer 4

• Independent review group -> IRL
• checked if JR needed rebalancing in favour of gov.
• held it was fine -> there was a case for changing remedies

Question 5

What change did the IRL implement?
When was it introduced?

Answer 5

• allowing quashing order to be suspended to allow for time to respond
• introduced in the Judicial Review and Courts Act 2022

Question 6

What agenda does the new labour gov. have?
What will it try to do?

Answer 6

• strong growth agenda
• reduce the opportunity to challenge infrastructure decisions to prevent massive delays

Question 7

What are the 6 remedies?

Answer 7

• Quashing order-> overturns/undoes a decision
• Prohibiting order
• Mandatory order
• Injunction -> temporary prohibiting/mandatory order
• Declaration -> state the law and what the parties can do
• Damages-> not very common

Question 8

What does the Imam case tell us?
principle
date

Answer 8

• that the remedies for JR are all discretionary
• 2023

Question 9

What other sources of legal protection of rights are there?
What type of protection are they?

Answer 9

• HRA 1998
• Equality Act 2010
• legislative

Question 10

What is the benefit of common law protection?
What is the limitation?

Answer 10

• wider coverage
• BUT the HRA can do things that JR canno -> less potent

Question 11

When do you choose whether to use JR or statute?
What do cases of Osborne & Kennedy tell us about JR and statute?

Answer 11

• advantages to both and which is used depends on the context
• people were concerned HRA is taking over the common law
  -> judges pushed back and restated the position of the common law-> shows there is a relationship and interaction between them and there may be overlap BUT they are distinct

Question 12

Kennedy v Charity Commission
date
facts
principle

Answer 12

• [2014]
• C made an inquiry, C refused a freedom of information request by K (journalist) to disclose information on the inquiry
• K applied for JR -> dismissed
• The nature of Judicial Review is not fixed but dependent on the context; the ‘intensity’ of substantive review can be changed according to the circumstances of the case

Question 13

R (Osborn) v Parole Board
date
facts
principle

Answer 13

• 2014
• D requested an oral hearing, but this request was refused
• challenged this refusal on the ground that his rights as guaranteed by Art.5(4) of the ECHR required such an oral hearing - the Court of Appeal dismissed his appeal
• An oral hearing may be required to comply with Art.5(4) of the ECHR where fairness to the prisoner requires it