Judicial review

Question 1

what is judicial review?

Answer 1

the methods by which the judiciary hold the executive accountable for its actions.
it is a procedure that allows individuals to ask the courts to review whether public bodies are acting within the framework of the powers given to them by Parliament, to ensure they are not acting ultra vires (outside its powers)

Question 2

What are the five limitations on the availability of judicial review?

Answer 2

1. Amenability
   JR only applies to public bodies carrying public functions
2. Procedural exclusivity
   public law decisions should only be challenged by an application for JR, and purely private law matters by an ordinary civil action, otherwise there is an abuse of process
3. Standing
   - Applicant must have sufficient interest in the ,after which the application relates
   - individuals have sufficient interest if they are directly affected by a decision related to their public or private rights.
4. Time limits
   - JR claims must be brought in any case within three months
5. Ouster clause
   - provisions included in statutes which exclude or restrict the courts’ right to judicially review decisions by public bodies

Question 3

what are the 6 remedies for Judicial Review?

Answer 3

1. Quashing order
   to set aside the public body’s decision
2. Mandatory Order
   This compels the public body to perform a public
   law duty imposed by law.
3. Prohibitory Order
   This prevents a public body from acting or
   continuing to act unlawfully.
4. Declaration
   setting out the positions and rights of the parties
5. Injunction
   to prevent a public body from acting on or enforcing a decision
6. Damages
   where the public body’s decision has cause loss

THE MOST LIKELY REMEDY IS QUASHING OR MANDATORY ORDERS.

Question 4

Which one of the following statements is INCORRECT?

A. Judicial review procedure involves a two-stage process. Initially, the claimant will apply for permission to bring the judicial review. If permission is granted, and the parties do not settle beforehand, the application will progress to a full hearing before the court.

B. If alternative remedies are available to a claimant, the court can refuse permission to bring a judicial review claim or refuse an interim or final remedy.

C. All judicial review remedies are mandatory.

D. The current rules governing judicial review claims are contained in Part 54 of the Civil Procedure Rules.

E. In judicial review the court does not replace the decision of the defendant with its own decision.

Answer 4

C. All judicial review remedies are discretionary.

Question 5

what are the grounds for Judicial Review?

Answer 5

ILLEGALITY
- ultra vires
- error of fact
- error of law
- abuse of discretion

UNREASONABLENESS
- oppressive decision
- arbitrary decision
- defect in process

LEGITIMATE EXPECTATION
- substantive
- procedural

PROCEDURAL UNFAIRNESS/ IMPROPRIETY
- statutory
- common law

Question 6

ILLEGALITY - Ultra vires

Answer 6

an act or decision that goes beyond the boundaries of the legal power given to the body concerned

actions that are necessary will not be ultra vires

Question 7

ILLEGALITY - error of law

Answer 7

means that the decision-maker has misread its legal powers

exceptions: where error of law had no effect on decision/ where decision-maker is interpreting a technical or special system of rules

Question 8

ILLEGALITY - error of fact

Answer 8

EXCEPTIONS
- precedent fact: when fact is established before power is used

• if decision-maker’s finding is not supported by evidence, it will be reviewable
• mistake or ignorance of an established fact