Judicial Review Flashcards
An employee, who has been doing outstanding work for a local authority, is dismissed for a single trivial error after going through the usual disciplinary process. The employee considers the decision was manifestly unfair and an abuse of the process and wishes to make a claim for judicial review.
Advise whether this would be an appropriate course of action
This would not be appropriate because of the function performed by the local authority.
Regardless of the decision or process, judicial review is not appropriate when there is no exercise of powers in relation to a public function or in relation to the public interest.
A claimant is seeking judicial review of their local authority’s refusal to consider their application for a licence required for the operation of their business.
Which of the following remedies would be the most appropriate in these circumstances?
A mandatory order.
Relates specifically to JR Proceedings
A claimant for judicial review is seeking to quash a decision made by his health authority. He is given permission to make the claim and all parties accept that the health authority has acted outside its powers
Are there any circumstances in which the quashing order could be refused?
Yes, because the grant of the remedy is subject to the court being satisfied that there is no good reason for its refusal.
A newly qualified solicitor takes an urgent telephone call from a new client. The client wishes to make an immediate claim challenging a decision taken by the government regarding a future hospital closure in her area. Her instructions are that they should attend court immediately and insist on a hearing without notice.
What is the first step that the solicitor should take?
The solicitor should write to the relevant government minister immediately setting out the client’s concerns and intentions.
The Global Trade Association (GTA), a self-regulatory organisation formed by a number of major international trading companies, enforces a code of conduct and imposes sanctions for violations. Recently, GTA suspended one of its member companies, TradeSecure Ltd, for alleged unethical trading practices. TradeSecure Ltd believes the suspension was unjust and seeks to challenge the decision through judicial review. GTA operates independently and was not established or governed by any statutory framework.
Is the decision by the Global Trade Association (GTA) to suspend TradeSecure Ltd likely to be amenable to judicial review?
Yes, because GTA’s functions have a sufficiently public and governmental character.
