Judicial review Flashcards
Which type of legislation is JR available for?
Only secondary (not primary)
What are the 3 grounds for JR?
- illegality
- irrationality
- procedural impropriety
What is the Carltona principle?
Ministers can delegate to civil servants in their departments
When can the Local Authority delegate?
It can delegate to committees or officers if it makes a formal resolution to do so
What is the material purpose test under the illegality ground?
The decision is ultra vires if the body was pursuing an unauthorised purpose which materially influenced the decision
When are errors of fact reviewable under the illegality ground?
If they’re jurisdictional (if the error goes to the root of the body’s ability to act)
Otherwise, errors of fact aren’t reviewable
What is the Wednesbury test (irrationality)?
The conclusion was so unreasonable that no reasonable authority could ever have come to it
(SSBS test: so outrageous in its defiance of logic or accepted moral standards that no sensible person could’ve arrived at it)
What are the 2 types of procedural requirements?
- those in statute- procedurally ultra viers
- natural justice- procedural fairness
What are the 2 rules of natural justice?
- rule against bias
- right to a fair hearing
What is the test for whether there was indirect bias, so the decision should be quashed (under natural justice)?
Would a fair-minded and impartial observer conclude there had been a real possibility of bias?
What are the 3 types of proceedings for the purposes of the right to a fair hearing?
- forfeiture cases
- legitimate expectation cases
- application cases
What is the only requirement for a fair hearing in an application case?
Case is heard honestly and without bias
What are the exceptions to there being no general right to get reasons for the outcome of a decision?
- if the decision on its own looks aberrant
- if the subject matter is especially important (eg. liberty)
How is it determined whether the breach of a statutory procedural requirement makes a decision invalid?
It depends on if the requirement was mandatory or directory
The main Q is whether Parliament intended that failure to comply would make the decision unlawful
2 tests for what is a public body
Source of power test (if gets power from statute/prerogative power, it’s a public body)
Nature of power test (if exercises public law functions, it’s a public body)
Who has standing to bring a JR claim?
Person with “sufficient interest in the matter”
Which court it a JR claim made to?
Administrative Court (specialised court in High Court)
When must a JR claim be made (time limit)?
“promptly” (max. 3 months after the ground for the claim arises)
Can the court extend the JR time limit to bring a claim?
Yes- if there’s a good reason
Are ouster clauses ousting JR upheld?
General ouster clauses generally aren’t, but partial ones may be (eg. shorten time limit for bringing a claim)
What must a C in a JR claim do before bringing proceedings?
Send a letter before claim to the decision-maker, giving him 14 days to reconsider the decision
(if C not satisfied, can bring proceedings)
When will permission to bring a JR claim likely NOT be granted? (3 situations)
If the conduct complained of is highly unlikely to have resulted in a substantially different outcome for C
C lacks standing
C is delayed without good reason
What are the public law remedies in JR (and what are they called)?
Prerogative orders:
- quashing order
- prohibiting order
- mandatory order
What are the private law remedies in JR (and what are they called)?
Non-prerogative orders:
- declaration (confirming the existing position)
- injunction
- damages
When can damages be awarded in a JR claim?
If C has a private law cause of action, or a claim for an ECHR breach
(there’s no right to damages for maladministration!)
What are the 6 grounds for illegality?
DAFPEC:
Delegation (wrongful)
Authority (without)
Fettering of discretion
Purposes (improper/unauthorised)
Errors of law/fact
Considerations (irrelevant)
When does direct bias arise (procedural fairness)
When the decision-maker has a financial interest, or he promotes the same cause as a party to the case
Factors to consider in deciding whether a pressure group has standing in JR
- need to uphold rule of law,
- importance of the issue,
- likely absence of other responsible challengers,
- nature of the issue,
- role of the pressure group
