Conditions for Judicial Review Flashcards
Conditions for judicial review:
1) Must be made by a public body;
2) Decision must be made under delegated powers;
3) Bringing an action for judicial review (locus standi and prima facie case).
Decision must me made by a public body, NOT a public body case:
R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993]
Facts: a horse belonging to Aga Khan was disqualified from a race by the Disciplinary Committee after failing a drugs test. Sought judicial review of the Committee’s decision.
Held: the Jockey Club was not a public body and so the decision was not subject to JR. relationship between club and members was a matter of private law. Hoffman LJ: ‘I do not think one should try to patch up the remedies available against domestic bodies by pretending they are organs of government.’
Decision must be made by a public body, IS a public body case:
R v Panel on Takeovers and Mergers, ex parte Datafin plc [1987]
Facts: The Panel was established by CoL in order to regulated the takeovers and mergers of companies. Datafin sought JR of a Panel decision to reject a complaint Datafin had made.
Held: given the public importance of the role, the panel could be regarded as a ‘public body’ and so it’s decisions would be subject to JR.
Decision must be made under delegated powers, information:
Primary legislation (Acts of Parliament) can delegate powers to a person or body to implement secondary legislation (rules, codes of practice, regulations, etc.), which is why they are known as ‘delegated legislation’.
Locus standi, info and case:
Do you have the right to bring this case? ‘Sufficient interest’, prevents ‘vexatious litigants’.
R v Inland Revenue, ex parte National Federation of Self-employed and Small Businesses [1982]
Facts: Federation sought to challenge IR’s procedures for levying taxes on workers engaged by Fleet Street newspaper. Federation argued their members were therefore disadvantaged.
Held: taxation agreement did not apply to members of the Federation, and so could not bring an action. Lord Roskill: ‘it cannot be said that the respondents had a “sufficient interest” to justify their seeking the relief claimed.’
No locus standi, but can bring an action if there is a wider point of public interest case:
R v HM Inspectorate of Pollution, ex parte Greenpeace [1994]
Facts: Greenpeace sought to bring an action to challenge the policy of discharging toxic waste from a nuclear plant into the Irish Sea.
Held: although not directly affected by the policy, they are an internationally recognised organisation, with access to resources and expertise, so better equipped to bring an action than residents actually affected. Often J: ‘if I was to deny standing by Greenpeace, those affected may not have an effective way to bring the issues before the court.’
