JR

Question 1

what essentially is judical review

Answer 1

a challenge to the process - where an issue arises from where a decision-making body has been given powers which are used incorrectly

Question 2

who must make the decision

Answer 2

a public body

Question 3

where should the decision be made under

Answer 3

delegated powers - ie delegated legsilation

Question 4

does that mean primary legislations can be subject to JR

Answer 4

NO

Question 5

what does the s31(3) provide

Answer 5

no application for judicial review unless the leave of high court is obtained and unless it considers that the applicant has sufficient interest

Question 6

what are the two elements that an applicant must satisfy the court to bring an action for Judicial review

Answer 6

1 - the existence of a prima facie case (i.e. there appears to be a case to answer)
2 - the applicant must have locus standi (i.e. the right to bring the case)

Question 7

what must an applicant establish

Answer 7

that they have an arguable case

Question 8

how can an arguable case be provided

Answer 8

when there is an abuse of power that is a ‘real as opposed to theoretical possibility’

Question 9

what proves that an arguable case essentially means where an abuse of power is a ‘real as opposed to theoretical possibility’

Answer 9

r v secretary of state for the home department

Question 10

what does it mean to have standing/locus standi

Answer 10

it means to ask whether an applicant has the right to bring this action for JR

Question 11

how else can you express whether an applicant has the right to bring action

Answer 11

where they have sufficient interest

Question 12

what did lord wilberforce say in the case of r v inland revenue commisioners ex parte national federation

Answer 12

some cases people may have no interest at all or sufficient interest, must be asked of what the position of the applicant is in relation to those powers and duties
in other words, the question of sufficient interest, cannot be considered in the abstract… must be taken together with the legal and factual context

Question 13

so what actually happened in the case of r v inland revenue, ex part national federation

Answer 13

federation sought to challenge the revenues procedures for imposing taxes, they argued that members (who did not benefit from the arrangement) was, therefore, disadvantaged

Question 14

what was held by the HL in the case of R v Inland Revenue, ex parte national federation

Answer 14

taxation arrangement did not apply to individual members of the federation -federation could not bring action

Question 15

what happened in the case of greenpeace

Answer 15

toxic waste into the irish sea

Question 16

what was held in the case of greenpeace

Answer 16

although greenpeace was clearly not directly affect, it was an internationally recognised organisation, it was much better equipped to bring an action that the actual resident affect by policy

Question 17

what is the time limit for JR

Answer 17

no undue delay, high court can refuse grant leave under the seniors court act 1981

Question 18

when must the claim form be filed

Answer 18

under the civil procedure rules the claim form must be filed

a) promptly
b) in any event not later than 3 months after the grounds to make the claim first arose

Question 19

what case is very important when talking about the grounds for judicial review?

Answer 19

GCHQ

Question 20

what did lord diplock say in the case of the GCHQ case

Answer 20

three grounds - (partially four) illegality, irrationality and procedural impropriety and the partially fourth one is proportionality

Question 21

what is illegality

Answer 21

lord diplock says illegality means the decision-maker must understand correctly the law that regulates his decision making power and must give effect to it

Question 22

what happened in the case of fulham

Answer 22

corporation had a statutory obligation, chargin money to clean clothes was not within power and therefore beyond power - the matter then turns on whether the counil has either expressly or impliedly, have the power to conduct the operation which it is conducting

Question 23

what happened in the case of mccarthy

Answer 23

council required to conisder pllaning applications but also introduced a sustem of ‘informal consultations’ which they charged for 25 quid
HL held that although it was helpful, there was no power to levy the 25 pound charge (beyond power) the rules is that a charge cannot be made unless the power is given by express words or by necessary implication

Question 24

what happened in the case of r v port talbot borough council

Answer 24

irrelvant consideration - councillor was granted tenancy on council house ahead of the waiting list - abuse of power

Question 25

what happened in the case of barnard v national dock

Answer 25

national board had the power to discipline its members but delegated his power to port managers - nothing in this scheme authroising the board to delegate this function - it cannot be implied - therefore ultra vires

Question 26

what happened in the case of gillan

Answer 26

local authority under duty to make provision to receive application to those homeless in populated areas may require 24 hour cover - held - authority failed to receiv application was in breach of statutory duty

Question 27

when else can a decision be ultra vires

Answer 27

based on no evidence, evidence avilable was so minimal or mistaken understanding of the facts

Question 28

what happend in the case of o'reilly v mackman

Answer 28

mistook the law applicable to the facts, asked itself the wrong question so had no jurisdiction to determine

Question 29

what are essentially the two main principles for procedural impropriety

Answer 29

the right to a fair hearing, the rule against bias

Question 30

what is the meaning of bias

Answer 30

davidson v scottish ministers - bias is captures in the convetion concept of impartiality where an interest in the outcome of the case or an indication of prejudice against a party to a case will be a ground for concluding that there was a real possibility that the tribunal or member(s) was biased

Question 31

how do you determine it

Answer 31

under magill the appropriate test whether bias is present is whether the fair-minded and informed observer, would onclude that there was a real possibilit that the tribunal was biased

Question 32

what is the test for finding bias

Answer 32

was there an objectively justified and legitimate reason for fearing a lack of partiality in the decision-maker

Question 33

what case was the reconstructed test applied

Answer 33

taylor v lawrence

Question 34

what happened in the case of taylor v lawrence

Answer 34

impartiality of the judge is to be presumed includes all the circumstance - would leave a fair-minded and informed observer to conclude that there was a real danger that the judge was biased