Judicial Review Intro Flashcards
Define judicial review
The ability for the court to hold the executive branch eg. Public bodies accountable and ensure they are not acting beyond their authority- ultra vires doctrine
Constitutionally what does JR allow for
Allows for the upholding of principles of the rule of law
Who is the usual defendant in a claim for judicial review
- Public bodies eg. Gov departments
- Private bodies performing or exercising a public function
Case example of a body exercising a public function
R v Panel takeovers and mergers
Case example of a body not exercising a public function
R v Disciplinary Committee Jockey Club
In a JR claim a claimant must first show they have “standing” (locus standi) what does this mean?
Judicial Review Preaction Protocol states one must have “sufficient interest in the matter”
How do we establish a “sufficient interest”?
- Personal interest i.e directly affects a persons rights or interest are the most straightforward of cases no need to cite beyond S31 (3) SCA 1981
-However sufficient interest is not just limited to personal interest so unlawful actions do not remain unchallenged- constitutional link to the rule of law public interest is considered
Name some case examples for “public interest” tests
R v Somerset County Countil ex parte Dixon- bringing misuse of public power to the courts attention
R (Miller) v Secretary of State for the European Union- “concerned citizens”
What are the three traditional grounds for JR in the UK
Lord Diplock confirmed- “illegality, irrationality and procedural impropriety”
Note: Not an exhaustive list as legitimate expectations emerged in subsequent case law and grounds do often overlap
How is judicial review different from an appeal
When we discuss judicial review we question if the decision made was lawful and not bad
What is reviewed in Judicial Review?
Refer to Civil Procedure Rules Part 54:
1. Delegated Legislation
2. Legislation made under prerogative orders
3. Legislation of the devolved administrations
4. Local authority bylaws
What does it consider
Decisions, Policies, Advice/ Guidance and Inaction/ delay
What are some factors which may help us identify if a private body is exercising a public function
Source: If empowering statute or delegated legislation there is a presumption that the body us exercising a public function
But for: if the body did not exist the State would have intervened
Monopoly power: e.g. Takeover Panel’s ‘giant’s strength’
(Absence of) consensual submission: choice whether tosubmit to the decisions of the body (e.g. Jockey Club)
None of these factors are by themselves sufficient to concludethat the body exercises a public function
Discuss the time limits affecting JR
- Claim form must be filed “promptly” and no later than 3 months after the grounds to make the claim first arose (CPR 54.5)- note even 3 months may not be seen as prompt
What else may a claimant need to bring a claim of JR
Permission from the court (CPR 54.4)
What may cause the court to refuse permission
- Permission may be refused if the claim is out if time or brought with “unduly delay”
- Permission may be refused if claim if it is “ unarguable
- Permission may be refused if the outcome would not be substantially different for the claimant
Note a court may still decide to grant permission for reasons of exceptional public interest
What is pre action protocol
Pre-action protocol is the first stage of JR where a claimant and defendant exchange letters to identify the disputed issues and if the matter can be resolved without litigation
Briefly name all steps to be followed in order for JR
- Pre-action protocol- attempt to resolve
- C must pursue other remedies first eg. statutory appeal
- C needs permission from the court to bring JR (CPR 54.4)- several reasons why it may be refused
What are some remedies which may be granted if a JR claim is successful
Under s 31 (1) Senior Courts Act 1981 a court may grant…
a) Quashing orders, Mandatory orders or a Prohibiting order;
b) a declaration or injunction
