JR only if time permits

Question 2

standing JR

Answer 2

👤 Standing (Locus Standi)

• Test
  
  • Claimant must have a “sufficient interest” in the matter (Senior Courts Act 1981).
  • Established by Diplock LJ in IRC v National Federation of Self-Employed:Purpose to prevent busybodies from wasting court time on trivial or misguided claims.
• Types of Standing (Under HRA strict laws)
  
  • Individual Standing: Must be directly affected by the decision.
  • Representative Standing:
    
    • Associational/Public interest groups may apply on behalf of others.
    • Greenpeace case: NGO allowed to bring judicial review due to expertise and involvement. Only a “victim” can bring a claim (i.e. someone directly affected by a violation of Convention rights) (under HRA stricter laws)
• Trend: Courts increasingly liberal—focus on public interest.
• Aga Khan: No standing – despite the Jockey Club’s regulatory role in horse racing, it was deemed a private entity.