Judicial Review

Question 1

Damages or other forms of compensation or not awarded for judicial review. When could damages be given?

Answer 1

If there was a successful civil case in contract or tort as part of the review

Question 2

How do courts assess misinterpretation of the law?

Answer 2

They’ll look closely at the wording of the whole act of parliament to decide what decisions are allowed, and the statute must be interpreted in the context of the general principles of the constitution

Question 3

On what grounds can a judicial review for policy be carried?

Answer 3

1. Illegality
2. Irrationality
3. Procedural impropriety

Question 4

What are relevant and irrelevant considerations (Illegality?

Answer 4

The decision maker must only consider relevant matters and not be misled by irrelevant matters or personal opinions

In Wheeler v Leicester City Council, The council inappropriately banned the rugby club for using the council playing field because they didn’t approve of its tour of South Africa

Question 5

What are the 6 different types of illegality for judicial review?

Answer 5

1. Misunderstanding the law
2. Improper purpose
3. Relevant and irrelevant considerations
4. Fettering of discretion
5. Unauthorised delegation
6. Error of fact

Question 6

What are the rules for substantive legitimate expectation?

Answer 6

A clear and unequivocal undertaking
Given to a particular group or individual
But the defendant could defeat the claim by showing that there was good reason for departing from the undertaking

Question 7

What are the two basic principles of natural justice?

Answer 7

1. The rule against bias
2. The right to a fair hearing

Question 8

What do courts look at in a judicial review?

Answer 8

The process by which the decision was made

Question 9

What is a declaration?

Answer 9

It’s a judicial review remedy when the court states the legal position and the public bodies must comply

Question 10

What is a mandatory order?

Answer 10

A judicial review remedy when the court orders the public body to fulfil its legal duties

Question 11

What is a procedural legitimate expectation (procedural impropriety)?

Answer 11

As part of natural justice, a claimant has a legitimate expectation that they will be consulted about a change in the rules or decision that will affect them

Question 12

What is a prohibiting order?

Answer 12

It’s a judicial review remedy when the court orders the public body not to make or implement an illegal decision

Question 13

What is a quashing order?

Answer 13

It’s a judicial review remedy where the court rules that the decision of the public body is of no effect and the body must make the decision again, this time legally. The court might substitute its own decision

Question 14

What is error of fact (illegality)?

Answer 14

The decision cannot be based on facts that are incorrect, and cause unfairness

Question 15

What is fettering of discretion (Illegality)?

Answer 15

The public body may adopt a general policy for taking decisions, but it must not stick to the policy rigidly and fail to properly consider individual cases

Question 16

What is illegality?

Answer 16

A decision maker misunderstands or misapplies their legal powers

Question 17

What is irrationality?

Answer 17

A decision so absurd that no sensible person could’ve reached it

Question 18

What is leave - permission to proceed?

Answer 18

Where the claimant must first seek permission to apply for judicial review

Question 19

What is misunderstanding the law (illegality)?

Answer 19

Where someone interprets or applies legal rules incorrectly due to a lack of knowledge, misinterpretation, or confusion about the legal principles

Question 20

What is natural justice (procedural impropriety)?

Answer 20

Natural justice is the right to a fair hearing and applies when a decision of a public body affects the rights of an individual

Question 21

What is substantive legitimate expectation (procedural impropriety)?

Answer 21

In certain circumstances public bodies may be obliged to keep a promise that they have made about their future policies

R v North and East Devon Health Authority ex parte Coughlan - 8 severely disabled patients had been told they could stay in their NHS accommodation for life, but Devon later wanted to close it

Question 22

What is sufficient interest for a judicial review?

Answer 22

In order to make an application for judicial review the decision must have affected some interest or right of the claimant

Question 23

What is the “requirement to consult” (procedural impropriety)?

Answer 23

When interested parties need to be consulted before a decision is taken

Question 24

What is the right to a fair hearing?

Answer 24

The accused person must be given the opportunity to put their side of the case forward. They should be told what they are accused of and allowed to respond before the decision is taken

The more serious the consequences of the decision, the more rights the claimant has

Question 25

What is the rule against bias?

Answer 25

1. A person should not take a decision if they have a personal interest in the outcome 2. It’s not necessary to prove that the decision maker was actually biased, merely that it is the impression they give

Question 26

What is the test to determine bias?

Answer 26

Whether the fair minded and informed observer would conclude that there was a real possibility that the tribunal was biased based on the facts

Question 27

What is unauthorised delegation?

Answer 27

When legislation clearly entrusts a decision to a specified public body, that body cannot allow someone else to take that decision

Question 28

What is Wednesbury unreasonableness?

Answer 28

That a decision that is so perverse or absurd that it cannot be allowed to stand.

Question 29

When will permission be granted for a judicial review?

Answer 29

1. If the claim is arguable and has a reasonable prospect of success 2. If the claim form is filed within three months after the grounds to make the claim has arisen ## Footnote The time limit for planning decisions is six weeks, and these time limits are strictly applied

Question 30

When will permission be refused for a judicial review?

Answer 30

1. If there is a suitable alternative remedy, such as a statutory appeal or an internal appeal 2. If it is highly likely that the public bodies decision would’ve been the same if it had been made lawfully

Question 31

Which acts is the judicial review laid down by?

Answer 31

Section 31 of the senior courts act Part 54 of the civil procedure rules

Question 32

Who can make an application for a judicial review?

Answer 32

A concerned citizen or interest or pressure groups