JR Flashcards
What is the time limit for issuing JR proceedings?
A claim form must be filed promptly and no later than 3 months after the grounds to make the claim first arose.
Court has discretion to decide claim not made promptly.
What is the scope of JR?
The scope of JR is the decisions of public bodies and secondary (delegated) legislations.
Doctrine of ultra vires = key. Also includes errors of law/fact. The courts have also declared decisions taken under the Royal Prerogative to be amenable to JR.
Administrative (or public) law is concerned with the control of Gov agencies. JR apps must be concerned with a public law matter.
The decision challenged by a C in JR must be taken/made by a public body and it must be justiciable/reviewable by the court. There are several tests for standing:
The sufficient interest test
The person aggrieved test
The victim test
When must a JR application be made?
An application must be made promptly and in any event no later than 3 months after the grounds to make the claim first arose.
The time limit runs from the date the decision to be challenged was made NOT the date when the claimant found out.
6 week time limit for applications against a decision made by the Secretary of State or local planning authority. Time limit runs from date of decision.
Time limit for public procurement decisions is 30 days - time limit runs from date of knowledge.
What are the grounds for JR?
- Illegality
- Irrationality
- Procedural impropriety
- Legitimate expectations
- Proportionality
A decision may be illegal for many different reasons, including:
-acting ultra vires - e.g. where the decision maker exceeds their power
-unlawful delegation - exception for a routine job not requiring much discretion in minister’s name
-error of law or fact
-failure to consider relevant factors/consideration of irrelevant factors - irrelevant factors must materially influence the decision
-fettering of discretion - refusing to hear applications without taking individual circumstances into account/not using discretion
-decisions taken for improper purposes - e.g. to penalise conduct
What is the test for irrationality?
A decision is irrational if it is ‘so outrageous in its defiance of logic/accepted moral standards that no reasonable person could have arrived at it’
Focus on merits of decision, rather than procedure.
What is the test for irrationality?
A decision is irrational if it is ‘so outrageous in its defiance of logic/accepted moral standards that no reasonable person could have arrived at it’
Focus on merits of decision, rather than procedure.
Explain the JR ground of proportionality?
An exec. decision must be proportionate to the aim that it seeks to achieve.
What is procedural impropriety/unfairness?
Procedural impropriety occurs if in the process of making the decision, the decision maker has not followed the procedures prescribed by statute/rules of natural justice.
Can arise in various ways:
Breach of natural justice
Bias
The right to a fair hearing
Duty to give reasons
Duty to consult
What is the JR ground of legitimate expectations?
A legitimate expectation arises when a public authority has made a promise, assurance, or representation to an individual/group of individuals and that have relied upon it.
