7 - Judicial Review: Procedure and Remedies Flashcards
Standing in Judicial Review Claims
they must have ‘sufficent interest in the matter to which a claim relates’
Pressure Groups - R v. Secretary of State for Foreign Affairs, ex p World Development Movement ltd (1994)
Five factors a court should consider in deciding if a pressure group has standing:
1. Need to uphold the rule of law
2. Importance of the Issue Raised
3. \likely absence of any other responsible challenger
4. The nature of the alleged breach of duty
5. The role of the Pressure group
Full Ouster Clauses
A clause that seems to allow no right of challenge at all and attempts to exclude the courts in reviewing the decision
They will NOT protect decisions that were never legally valid and it is up to the court to review a decision to decide.
Anisimic v. Foreign Compensation Commission
Facts - HoL held that the FCC had made an error in law in deciding that a purchaser of buisness property amounted to a successor in title
HOWEVER, if a public body steps outside its permitted area, its decisions are not covered by an ouster clause because invalid decisions are not decions but are nullities. Ouster clauses only protect calid decisions from judicial review.
Partial Ouster Clauses
provides some opportunity for a decision to be challenged by way of judicial review.
Remedies in Judicial Review
- Quashing Order
- Prohibiting Order
- Mandatory Order
Quashing Order
Quashing order ‘quashes’ a decision that the court has found to be unlawful. The original decision is thereby nullified.
However, the court usually remits tit to the decision maker who muist reconsider the decison in light of the court’s judgement
Prohibiting Order
Orders a public body to refrain from acting beyond its powers. They are rare as claimants prefer to apply for injunctions
Case: R v. Liverpool Corporation, ex p Liverpool Taxi Fleet Operator’s Association
Mandatory Order
Enforces the perfomance by public bodies of the duties they are by law required to carry out
Private Law Remedies
- Declaration
- Injunction
- Damages
Declaration
Court order confirmung the legal position or rights of the parties.
Injunction
A court order performing the same function as a prohibiting order, to restrain a person or body from illegal action
Damages
the Administrative court can award damages on a claim for judicial review where the claimant is seeking other relief in a civil claim.
the claimant must have a private law course of action (tort or contract) or a claim for a breach of a convention right
Case: Maguire
Taxi driver suffered losses because of an unlawful refusal of his licence
No damages were avaliable because in the absence of any negligence or breach of contract, there was no right to damages
