Judicial Review

Question 1

Judicial review is a judicial process which allows courts to scrutinise the actions of the ___________

Answer 1

Executive

Question 2

Judicial reviews looks into whether the _______ used to make the ________ was within law

Answer 2

process, decision

Question 3

Judicial review is available only against decisions made by ______ ______

Answer 3

Public bodies

Question 4

If a person seeking JR has a ________ with the public authority whose decision is being questioned, ________ law will govern and judicial review is not available

Answer 4

contract, private

Question 5

Application for JR will be denied if ruling in Applicant’s favour would not ___________ ______ the applicant’s outcome

Answer 5

substantially change

Question 6

JR applications must be brought _______, and no later than _ ________ after the issue arose

Answer 6

Promptly, 3 months

Question 7

JR of a planning decision of land use must be brought _ _______ from the date of the decision

Answer 7

6 weeks

Question 8

If a matter mixes public law and private law issues, they can be reviewed in a _______ ___ proceeding

Answer 8

private law

Question 9

An applicant for judicial review must have _________

Answer 9

standing

Question 10

The test for standing for JR is the ________ ___________ test

Answer 10

sufficient interest

Question 11

_______ do not usually have standing, but if they are

Responsible
well ____________
has ___________
There’s unlikely to be an alternative __________

a court will find sufficient interest

Answer 11

Groups, resourced, expertise, claimant

Question 12

Ground for JR

A claim for illegality may be based on an assertion that the public authority:

Acted ______ _____,

Failed to comply with a specific ______ ____, e.g. by not considering eliminating discrimination

Unlawfully ___________ their power to another

Took into account __________ __________

Acted under an ______ __ ____

Answer 12

ultra vires, legal duty, delegating, irrelevant considerations, error of law

Question 13

What is the Public Sector Equality Duty?

Answer 13

A specific legal duty that public authorities must comply with, focusing on the protection and advancement of those with protected characteristics

Question 14

Can ouster clauses (those which state the decisions of the authority cannot be challenged) be challenged themselves? If so, when?

Answer 14

Yes - the courts can hear the case to determine whether the action was legal

Question 15

Ground for JR

Procedural impropriety focuses on whether the decision maker complied with the procedures outlined in the statute delegating the power. Decision can be found invalid for:

Failure to follow ______________ ____________

Failure of the common law right to be _____

Failure of the common law right to an _______ decision maker

Failure of the duty to ________

Failure of the duty to give _______

Failure to meet __________ ___________

Failure to make a __________/rational decision

Answer 15

mandatory requirements, heard, unbiased, consult, reasons, legitimate expectations, reasonable

Question 16

When will a right to be heard almost always arise?

Answer 16

In the case of forfeiture (meaning where a person is deprived of their right)

Question 17

What is the test for actual bias?

What does a finding of actual bias result in?

Answer 17

Decision maker has a financial interest or a non-financial/personal interest which is closely connected to issues raised in the decision

Decision is held to be unlawful and the decision maker is automatically disqualified

Question 18

What is the test for apparent bias?

Answer 18

If a fair minded observer informed of the facts would conclude there was a real possibility of bias, then the decision would be held unlawful

Question 19

Failure of a duty to consult only arises when:

There is a _________ duty to consult

There’s been a ________ to consult

Failure to consult would lead to ___________

Answer 19

statutory, failure, unfairness

Question 20

Failure of duty to give reason only arises when:

Subject matter is __________

The decision appears to be __________

Answer 20

important, aberrant

Question 21

In what two situations can a failure to meet legitimate expectation arise?

Answer 21

1. Explicit promise or assurance,
2. Previous action by a public authority

Question 22

The test for irrationality/unreasonableness of a decision:

The decision must be so __________ in its defiance of logic or of accepted ______ _________ that no _________ person who applied their mind to the question could have ever arrived at it

Answer 22

outrageous, moral standards, person

Question 23

Name 5 remedies if a JR claim is successful

Answer 23

1. Quashing order
2. Mandatory order
3. Prohibiting order
4. Injunction
5. Declaration

Question 24

Can JR remedies be combined?

Answer 24

Yes

Question 25

Are JR remedies mandatory?

When does a court not have to grant a remedy?

Answer 25

No

If the decision has already been relied upon or the remedy would not make a difference

Question 26

Can a public authority reach the same decision if the original one is quashed and they rehear the issue?

Answer 26

Yes