JR Problem Question - Standing Flashcards
What is the second issue to be addressed in a JR PQ?
Standing - does the claimant have sufficient interest to launch an action?
What are the two categories of standing sufficient to ground a JR action?
- Direct Interest Standing
2. Representative Standing
What is direct interest standing?
Where the claim is brought by an individual who can demonstrate that the decision being challenged has directly affected their own interests.
Authority - IRC v National Federation of Self-Employed and Small Businesses Ltd
What is representative standing?
Where the claim is brought on behalf of others who have been/could be unduly affected by the decision being challenged. There are two types of standing found within this category.
What are the two types of representative standing?
- Associational Standing
2. Public Interest Standing
What is associational standing?
This is where a particular group brings a claim on behalf of the interests of some ‘clearly identifiable members’ within its organisation. The key here is to identify that some members of the group are/have been directly affected by the decision which is being challenged. It does not necessarily require that the interests of all members of this group are/have been unfairly affected by this decision.
What is public interest standing?
This is where a group brings a challenge as means of representing the public interest rather than the interests of clearly identifiable members of its organisation.
What authority is there for the recognition of associational standing?
R v Secretary of State for the Environment, ex parte Rose Theatre Trust
What authority is there for the recognition of public interest standing?
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement Ltd
What are the five key issues likely to influence determination of public interest standing, arising from the World Development Case?
- The importance of vindicating the rule of law - is there a clear need to reaffirm the principle that no individual is above the law?
- The importance of the issue raised - does it (or could it) have wide reaching (e.g. national) implications?
- The likely absence of any other reasonable challenger - is there no individual or group who are in a better position to bring a claim?
- The nature of the breach of duty against which relief is sought - what is the scope/severity of the negative consequences which have resulted from the decision being challenged?
- The role and expertise of the body seeking to challenge on behalf of the public interest - does the nature of this body qualify them to speak authoritatively about the issue which is being challenged?
