judcial review part 4

Question 1

who can make a claim?

Answer 1

• a qualifying individual or group who must:
  1. initiate proceedings within the 3 month time limit
  2. comply with pre-action protocal reqs
  3. satisfy the locus standi requirement
  4.obtain permission

Question 2

2. pre-action protocol
   (steps to be taken before making a claim)

Answer 2

you need to go through the complaints procedure in house in respect to public body you have the problem with first
(you try and find a solution within the public body first)

Question 3

2 stage procedure to gain permission after the pre-action protocol (to prevent overwhelming the system)

Answer 3

1. the permission stage
   on the face of it you deserve to be heard in court as you have had a wrong done against you
   -CJCA 2015 additional rules to limit the cases of JR
   e.g sc84- likelihood of substantially different outcome for applicant
   sc85-provision of information about finanial resources

Question 4

categories of potential claimants

Answer 4

individuals, groups (organisations), local government

Question 5

3. satsify the locus standi requirement

Answer 5

senior courts act 1981 sc31(3)- the claimant must have a sufficient interest in the matter
-R v Inland revenue commissioners 1982-
introduced 2 stages to look at locus standi
a. at the application for leave to apply for judicial review
b. at the hearing itself

National federation case, lord wilberforce- somtimes you can see from early on that the c’s case wont be sucessfull, if not can be found later on

Question 6

how do the courts decide someone has sufficient interest?

Answer 6

-directed at you individually (usually no interest if affects everyone but rees mog courts may differ)
-R v SOS for foreign and commonwealth afairs ex p Rees-Mogg (1994)- not effected individually so no interest, however courts found it good that he questioned the gov so courts said the would review it

-R v somerset county council ex p Dixon 1997- living and being part of the community can be similar to rees mogg, court may look at it (aim of standing is to exclude busybodies and troublemakers)
-R (on the application of edwards) v environmental agency 2004- allowed as part of the community

but-
-R (on the application of feakins) v sos for the envionment 2004- yes burnt on his land but complainibg about way of disposal was no interest
-R (on the application of bulger) v sos for the home department 2001- sentencing was not to do with parents of victim so no interest

Question 7

interest groups for locus standi

Answer 7

-national federation case- “an aggregate of individuals, each of whom has no interest cannot itself have an interest” no matter size if no interest

-R v sos for the environment 1990- group of people with memories of theatre had no interest

-R v HM inspectorate of pollution ex parte greenpeace 1994- greenpeace are respected and have expert knowledge so would not take time or money so allowed claim

Question 8

HRA 1998

Answer 8

sc6(1)- unlawful for a public authority to act in a way which is inompatible with a conevntion right
sc7(1)- victim requirement