Judicial Review Cases

Question 1

Is the defendant a public body

Answer 1

Datafin test

Question 2

Nature of power of the body

Answer 2

YL v Birmingham city council

Does the body exercise public law functions

Question 3

Procedural exclusivity

Answer 3

O’Reilly v Mackman

Does the claim raise public law issues

Question 4

Exception to procedural exclusivity

Answer 4

Gillick v West Norfolk

If case raises both public and private law issues, have a choice between JR and PL proceedings

Question 5

Does claimant have sufficient interest to bring a claim

Answer 5

s.31 SCA 1981

Question 6

Is the claimant directly and adversely affected by the matter

Answer 6

The national federation of self-employed and small businesses

Does the claimant have sufficient interest to make a claim

Question 7

When dealing with pressure groups seeing if they have sufficient interest

Answer 7

World Development Movement

Question 8

Court may refuse if there’s been undue delay

Answer 8

S.31(6) SCA

Is the claimant within the time limit

Question 9

Claimant must file claim promptly within a maximum of 3 months

Answer 9

Civil Procedure Rule 54.5

Question 10

Complete ouster clauses

Answer 10

Anisminic v Foreign Compensation Commission

Exclusion of judicial review

Question 11

Held that partial ouster clause stated judicial review claim had to be brought within 6 weeks

Answer 11

Ostler

Exception to time limits

Question 12

Must exhaust other options before bringing claim for JR

Answer 12

Preston

Question 13

The case that held there are 3 grounds for review

Answer 13

CCSU

Question 14

Without lawful authority

Answer 14

McCarthy v Stone

Illegality

Question 15

Wrongful delegation

Answer 15

Vine

Illegality

Question 16

Exceptions to wrongful delegation

Answer 16

Carltona

• Doesn’t apply to government ministers

Illegality

Question 17

Exceptions to wrongful delegations

Answer 17

S101 LGA 1972

Lawful for councils to delegate to committees provided its done under guidelines

Illegality

Question 18

Ferreting of discretion, Acting under the dictation of another

Answer 18

Lavender v Sons

Illegality

Question 19

Ferreting of discretion, formulating a general policy as to the exercise of discretion

Answer 19

British Oxygen

Illegality

Question 20

Improper/ unauthorised use of an Act

Answer 20

Congreve

Where a public body acts for ends not provided for by Parliament
Unauthorised purpose

Illegality

Question 21

The decision will stand if the primary purpose was the proper one

Answer 21

LNWR

Dual purpose
Illegality

Question 22

Did the authority pursue an unauthorised purpose which materially influenced the decision

Answer 22

ILEA

Dual purpose
Illegality

Question 23

Taking an irrelevant factor into account

Answer 23

Padfield

Considerations
Illegality

Question 24

Ignoring a relevant factor

Answer 24

Roberts

Considerations
Illegality

Question 25

Errors in law

Answer 25

Anisminic Illegality

Question 26

Errors of fact

Answer 26

Khawaja Illegality

Question 27

Must be so unreasonable that no reasonable authority could ever come to it

Answer 27

Wednesbury Irrationality

Question 28

So outrageous in its defiance and logic that no sensible person could have arrived at it

Answer 28

CCSU Irrationality

Question 29

It is possible for public authorities to fail the test

Answer 29

Wheeler v Leicester City Council Irrationality

Question 30

Courts will consider whether Parliament would have intended consequences of non-compliance to invalidate decision and render it unlawful

Answer 30

R v Soneji Statutory procedures Procedural impropriety

Question 31

Consider whether there has been failure to substantially comply

Answer 31

Coney Statutory procedures Procedural impropriety

Question 32

If requirement is mandatory the decision will be quashed

Answer 32

Bradbury Statutory procedures Procedural impropriety

Question 33

Where an interest may lead to financial/pecuniary gain, this will be bias

Answer 33

Dimes Direct Bias Procedural impropriety

Question 34

Where decision-maker is involved in promoting sane cause as claimant

Answer 34

Pinochet Direct bias Procedural impropriety

Question 35

If bias is indirect, court must consider this test in order for the decision to be quashed

Answer 35

Porter v Magill Indirect bias Procedural impropriety

Question 36

Second part of Porter v Magill test

Answer 36

Hook How the decision would look to an observer

Question 37

There’s a duty on decision makers to act in good faith and listen fairly to both sides

Answer 37

Rice Right to fair hearing Procedural impropriety

Question 38

Claimants should know case and have right to reply

Answer 38

Fairmount The right to a fair hearing Procedural impropriety

Question 39

Claimant is entitled to fair hearing which is fair and reasonable in all circumstances

Answer 39

Lloyd v McChahon Right to fair hearing Procedural impropriety

Question 40

Concept of fairness is flexible and varies according to category of case

Answer 40

McInnes v Onslow-Fane Right to fair hearing Procedural impropriety

Question 41

Forfeiture cases

Answer 41

Ridge v Baldwin Right to fair hearing Procedural impropriety

Question 42

Procedural limited expectation

Answer 42

Asif Khan Right to fair hearing Procedural impropriety

Question 43

Substantive legitimate expectation

Answer 43

Coughlan Right to fair hearing Procedural impropriety

Question 44

There is no right to seek JR if decision is preliminary and not final

Answer 44

Lewis v Heffer Limitations to right to a fair hearing Procedural impropriety

Question 45

There is no legal duty for public bodies to give reasons for their decision

Answer 45

Hasan Limits to right to fair hearing Procedural impropriety