Judicial Review

Question 1

Judicial review is an appeal from a decision. True or false?

Answer 1

False, it just checks whether the decision was taken legally

Question 2

Judicial review is available against:
a) any person
b) a government body
c) any person or body exercising a public function

Answer 2

c) any person or body exercising a public function

Question 3

A claimant for judicial review must have been affected financially by the decision about which they complain. True or false?

Answer 3

False

Question 4

Illegality is one of the grounds for judicial review. It means that:
a) the decision maker has committed a crime
b) the decision maker has broken the law
c) the decision maker has misinterpreted their legal powers

Answer 4

c) the decision maker has misinterpreted their legal powers

Question 5

Irrationality is one of the grounds of judicial review. It means that:
a) the judge disagrees with the decision
b) a reasonable man disagrees with the decision
c) no sensible person could have made the decision

Answer 5

c) no sensible person could have made the decision

Question 6

Natural justice means that:
a) there should be no discrimination
b) there is a right to a fair hearing
c) there should be equal access to justice

Answer 6

b) there is a right to a fair hearing

Question 7

What is ultra vires?

Answer 7

Latin for ‘beyond one’s powers’. If the government make a decision outside their powers, the decision is ultra vires and the government cannot do it.

Question 8

Only public bodies can be judicially reviewed. True or false?

Answer 8

True

Question 9

In judicial review, what does the court look at?

Answer 9

The process by which a decision was made - it does not consider merits or whether it was the right decision

Question 10

Where must a claimant apply for judicial review?

Answer 10

The administrative court, which is part of the high court.

Question 11

A claimant needs to seek permission to apply for judicial review. True or false?

Answer 11

True

Question 12

When will permission for judicial review be permitted or refused?

Answer 12

Permitted:
1) the claim is arguable and it has a reasonable prospect of success
2) the claim form is filed not later than 3 months after the grounds to make the claim first arose. the time limit for planning decisions is 6 weeks.

Refused:
1) there is a suitable alternative remedy
2) it is likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.

Question 13

What must a claimant have to bring a judicial review?

Answer 13

Sufficient interest, meaning that the decision affected some right or interest of the claimant.

Question 14

What is a public body?

Answer 14

A body that takes its powers from an act of parliament or the royal prerogative. It is also exercising public functions.

Question 15

What are the remedies for judicial review?

Answer 15

a) Quashing order
b) Prohibiting order
c) Mandatory order
d) Injunctions
e) Declarations
f) Damages

Question 16

What is a quashing order?

Answer 16

The court rules that the decision of the public body is of no effect, and instructs the body to take the decision again legally.

Question 17

What are the 4 grounds of judicial review by Lord Diplock?

Answer 17

Illegality
Irrationality
Procedural Impropriety
Proportionality (only used in Human rights or EU Law cases)

Question 18

What is Wednesbury unreasonableness?

Answer 18

A decision so perverse or absurd that it cannot be allowed to stand (part of irrationality)

Question 19

What are the 2 main elements of Natural Justice?

Answer 19

The rule against bias and the right to a fair hearing

Question 20

A local council refuse a building firm planning permission to build an estate. The firm appeal, but the planning inspector upholds the refusal. The planning inspector is the brother of the chair of
the council. The building firm seek judicial review of the decision to refuse planning permission.

Which of the following arguments would be the most likely to succeed?

A. The refusal is irrational.
B. The refusal is illegal.
C. The refusal is a breach of legitimate expectation.
D. The refusal is a fettering of discretion.
E. The refusal is a breach of natural justice.

Answer 20

E. The refusal is a breach of natural justice.

Question 21

The secretary of state has power under the [fictitious] Carbon Act 2021 to make regulations on the type of fuel used by airliners, as he sees fit. The Act requires that, before making the
regulations, the secretary of state shall consult any employer appearing to him to be a substantial employer of persons engaged in aircraft manufacturing. The secretary of state makes
regulations, but does not consult a company that is the largest aircraft manufacturer in the UK.

Which of the following best summarises the legal position?

A. The secretary of state has the power to make any regulations that he wants.
B. The secretary of state has absolute discretion on whom he consults.
C. The secretary of state has a duty to consult the company.
D. The secretary of state may make any regulations he wants, as long as they are neither illegal nor irrational.
E. The secretary of state may not make the regulations without the agreement of the company.

Answer 21

C. The secretary of state has a duty to consult the company.

Question 22

A local council decides that all children in its schools should receive free school meals, irrespective of their family income. The council raises the rate of council tax to pay for this.

Which of the following would have sufficient interest to apply for judicial review of the decision?

A. Any legal person.
B. Any incorporated or statutory body.
C. The secretary of state for education.
D. Local council taxpayers.
E. The prime minister.

Answer 22

D. Local council taxpayers.

Question 23

Local councils have the power to grant licences to drive a taxi. A woman applies for a licence but is told by the council that it is not their policy to grant any more taxi licences for their area.

Which of the following would be the woman’s best course of action?

A. The woman should apply for judicial review.
B. The woman should sue for breach of contract.
C. The woman should apply to the European Court of Human Rights.
D. The woman should be advised that the council has the power to refuse licence applications.
E. The woman should sue the council for negligent performance of their duties.

Answer 23

A. The woman should apply for judicial review. (fettering of discretion)

Question 24

The NHS provides a home for seven severely ill patients and has assured them that this accommodation will be available for the rest of their lives. Because of a policy change, the NHS decides
to close this home and transfer the seven patients to local council care. The patients object to this change and apply for judicial review.

Which of the following best summarises the legal position?

A. The patients do not have sufficient interest.
B. The NHS may move the patients if it is in the public interest.
C. The NHS has no obligation to consult the patients.
D. The NHS has no legal power to make this decision.
E. The NHS is not a public body.

Answer 24

B. The NHS may move the patients if it is in the public interest.