JR Problem Question - Amenability

Question 1

What is the first issue to be addressed in a JR PQ?

Answer 1

Amenability - Is the defendant exercising a public function?

Question 2

What is the authority for the requirement that the defendant must be exercising a public function?

Answer 2

Civil Procedure Rules (CPR), Part 54.1(2)

Question 3

What are the two ways in which the amenability requirement can be satisfied?

Answer 3

1. The decision maker is a public body - wherein the nature of the role being performed is clearly public.
   Authority - GCHQ Case
2. The decision maker is a non-public/statutory body - but nonetheless fulfils a public function

Question 4

What do the courts consider when determining whether a non-public body is fulfilling a public function?

Answer 4

1. Is there a public benefit to the function which is being performed?
   Authority - R v City Panel Takeovers and mergers, ex parte Datafin Plc
2. Are the powers of the decision-making body being challenged ‘governmental’ in nature?
   Authority - R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan
3. Does the decision-making body enjoy a monopoly within this specific area/field?
   Compare differing judicial approaches to this issue found within Datafin and Aga Khan.