Standing essay Flashcards
What is standing?
Ability of individuals/bodies to bring forward a claim of JR
Intro structure
- definition
- ensures authority
- compare Scotland v England
England structure
- simple
- sufficient interest
- 1st case + explain
- Diplock’s dissent used
- 2nd case + explain
- wide, liberal interpretation
Authority for sufficient interest
s.31(4) of the Senior Courts Act 1981
1st case
R v Inland Revenue Commissioners
Fleet street casuals. National Federation of self-employed and small businesses. Didn’t have interest
Diplock dissented
2nd case
R v Secretary of State for Foreign and Commonwealth Affairs
World Development Movement (NGO) had interest to challenge government on dam issue
Scotland structure
- also requires sufficient interest
- narrow interpretation than England
- 3rd case + explain
- 4th case + explain
- Supreme court identified error in Scottish approach
- 5th case + explain
3rd case
D & J Nicol v Dundee Harbour Trustees
title + interest test
title = relationship with defender that conferred breached right
interest = real relationship that detriments
4th case
Rape Crisis centre v Secretary of State for the Home Department
Tyson rapist let in
England would have allowed centre standing
Scotland said didn’t meet title test
5th case
AXA general insurance ltd v HM advocate
asbestos case. Lord Reid and Hope made sufficient interest in Scotland same as in England. Used Diplock’s rationale.
Conclusion
- both have same test now
- Scottish courts salty
- 6th case
6th case
Wilson v Scottish Ministers
