Judicial review

Question 1

Which type of legislation is JR available for?

Answer 1

Only secondary (not primary)

Question 2

What are the 3 grounds for JR?

Answer 2

• illegality
• irrationality
• procedural impropriety

Question 3

What is the Carltona principle?

Answer 3

Ministers can delegate to civil servants in their departments

Question 4

When can the Local Authority delegate?

Answer 4

It can delegate to committees or officers if it makes a formal resolution to do so

Question 5

What is the material purpose test under the illegality ground?

Answer 5

The decision is ultra vires if the body was pursuing an unauthorised purpose which materially influenced the decision

Question 6

When are errors of fact reviewable under the illegality ground?

Answer 6

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

Question 7

What is the Wednesbury test (irrationality)?

Answer 7

The conclusion was so unreasonable that no reasonable authority could ever have come to it
(so outrageous in its defiance of logic or accepted moral standards that no sensible person could’ve arrived at it)

Question 8

What are the 2 types of procedural requirements?

Answer 8

• those in statute- procedurally ultra viers
• natural justice- procedural fairness

Question 9

What are the 2 rules of natural justice?

Answer 9

• rule against bias
• right to a fair hearing

Question 10

What is the test for whether there was indirect bias, so the decision should be quashed (under natural justice)?

Answer 10

Would a fair-minded and impartial observer conclude there had been a real possibility of bias?

Question 11

What are the 3 types of proceedings for the purposes of the right to a fair hearing?

Answer 11

• forfeiture cases
• legitimate expectation cases
• application cases

Question 12

What is the only requirement for a fair hearing in an application case?

Answer 12

Case is heard honestly and without bias

Question 13

What are the exceptions to there being no general right to get reasons for the outcome of a decision?

Answer 13

• if the decision on its own looks aberrant
• if the subject matter is especially important (eg. liberty)

Question 14

How is it determined whether the breach of a statutory procedural requirement makes a decision invalid?

Answer 14

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

Question 15

2 tests for what is a public body

Answer 15

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)

Question 16

Who has standing to bring a JR claim?

Answer 16

Person with “sufficient interest in the matter”

Question 17

Which court it a JR claim made to?

Answer 17

Administrative Court (specialised court in High Court)

Question 18

When must a JR claim be made (time limit)?

Answer 18

“promptly” (max. 3 months after the ground for the claim arises)

Question 19

Can the court extend the JR time limit to bring a claim?

Answer 19

Yes- if there’s a good reason

Question 20

Are ouster clauses ousting JR upheld?

Answer 20

General ouster clauses generally aren’t, but partial ones may be (eg. shorten time limit for bringing a claim)

Question 21

What must a C in a JR claim do before bringing proceedings?

Answer 21

Send a letter before claim to the decision-maker, giving him 14 days to reconsider the decision
(if C not satisfied, can bring proceedings)

Question 22

When will permission to bring a JR claim likely NOT be granted? (3 situations)

Answer 22

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

Question 23

What are the public law remedies in JR (and what are they called)?

Answer 23

Prerogative orders:
- quashing order
- prohibiting order
- mandatory order

Question 24

What are the private law remedies in JR (and what are they called)?

Answer 24

Non-prerogative orders:
- declaration (confirming the existing position)
- injunction
- damages

Question 25

When can damages be awarded in a JR claim?

Answer 25

If C has a private law cause of action, or a claim for an ECHR breach
(there’s no right to damages for maladministration!)