Standing Flashcards
(10 cards)
What is the general legal test for standing in judicial review?
A. Whether the claimant has a sufficient interest in the matter
B. Whether the claimant is a lawyer or legal representative
C. Whether the matter affects multiple people
D. Whether the claimant has financial backing
A. Whether the claimant has a sufficient interest in the matter
Explanation: Under s.31(3) Senior Courts Act 1981, a person must show a sufficient interest in the decision or action being challenged.
In Fleet Street Casuals [1982], what principle did the court establish regarding standing?
A. Standing is automatic if public interest is involved
B. Courts must always defer to public officials
C. Only taxpayers can challenge revenue decisions
D. Standing and the merits of the case may be considered together
D. Standing and the merits of the case may be considered together
Explanation: The House of Lords held that standing depends partly on the seriousness of the legal issue, not just personal impact.
Under s.7 of the Human Rights Act 1998, who may bring a claim?
A. Anyone residing in the UK
B. Anyone affected indirectly
C. A “victim” of the alleged unlawful act
D. Any organisation with public interest
C. A “victim” of the alleged unlawful act
Explanation: The victim test under s.7 mirrors Article 34 ECHR — only those directly affected by the breach can claim.
A student is excluded from school and wants to challenge the exclusion decision. Does the student have standing?
A. Yes, because they are directly affected by the decision
B. No, unless supported by a parent
C. Only if they attend a public school
D. No, unless more students are excluded
A. Yes, because they are directly affected by the decision
Explanation: Standing is usually clear where the person is personally and directly impacted, like in education or housing cases.
An NGO challenges a government decision to fund a foreign dam project, claiming it misuses public funds. What case is most relevant?
A. GCHQ
B. YL v Birmingham City Council
C. R v Secretary of State, ex p World Development Movement [1995]
D. Cart v Upper Tribunal
C. R v Secretary of State, ex p World Development Movement [1995]
Explanation: The court allowed a campaign group to bring JR due to the importance of the issue and lack of other challengers.
Which of the following is most likely to be denied standing?
A. A charity challenging harmful environmental regulation
B. A parent challenging a school policy affecting their child
C. A person with no connection to the issue bringing a political challenge
D. A rights group supporting a victim of discrimination
C. A person with no connection to the issue bringing a political challenge
Explanation: Courts reject claims from “busybodies” or those using JR for personal or political motives without legal interest.
What role does standing play at the permission stage of judicial review?
A. It determines whether the case may proceed to full hearing
B. It confirms liability of the public authority
C. It grants automatic access to remedies
D. It provides compensation if refused
A. It determines whether the case may proceed to full hearing
Explanation: Standing is a gateway issue — if the court finds the claimant lacks standing, it refuses permission to proceed.
Which statement best reflects how courts view public interest standing?
A. Public interest applicants always have standing
B. Standing requires property damage
C. Only government officials can assert public interest
D. Courts may grant standing where the matter is serious and no one else is likely to bring the claim
D. Courts may grant standing where the matter is serious and no one else is likely to bring the claim
Explanation: The courts are flexible, especially where challenges uphold rule of law and protect constitutional principles.
Why might standing be denied even in a case of public concern?
A. Because the claimant lacks a sufficient legal connection to the issue
B. Because the press is covering it
C. Because it relates to environmental matters
D. Because the minister is popular
A. Because the claimant lacks a sufficient legal connection to the issue
Explanation: Courts avoid JR being used as a platform for political or academic debates without proper legal interest.
Which of the following is true about standing under the Human Rights Act 1998?
A. It is broader than public law standing
B. It is stricter, requiring victim status
C. Anyone with public concern may apply
D. It depends on media attention
B. It is stricter, requiring victim status
Explanation: The HRA requires claimants to be directly affected (victims), a narrower test than general JR standing.
