Judicial Review Flashcards
Which court hears applications for Judicial Review?
Applications for judicial review must be submitted to the Administrative Court
When must applications for judicial review be made?
Must be filed no later than 3 months from the date on which the grounds to make a claim first arose
- PROMPTLY and in any event no later than 3 months
What must the claimant be able to demonstrate?
The claimant must show the claim is arguable and has a reasonable prospect of success
What is the threshold for success?
Reasonable prospect of success
What is a quashing order?
A quashing order quashes the original decision and obliges the authority to retake a decision in a lawful way
When does legitimate expectation arise?
When a public authority has made a promise, assurance or representation to an individual or group of individuals
- An assurance is then reasonably relied upon
A public authority’s abrupt and unjustified policy change which contradicts the assurance made and negatively affected those who relied upon it, can be challenged by judicial review under the grounds of legitimate expectation
Grounds for Judicial Review: Wednesbury unreasonableness
A public body has acted unreasonably
- was the decision made in a way which was illogical, irrational or lacked reason
What is the Wednesbury review?
- Decisions affecting human rights - higher intensity of review
- Decisions concerning broader policy questions - lower intensity of review
How is Wednesbury unreasonableness defined?
‘If a decision on a competent matter is so unreasonable that no reasonable authority could have come to it’
Irrationality to describe unreasonableness: a decision which is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question could have arrived at it
When may a claim for judicial review be brought outside the time period?
A claim may be made outside three months of the ground arising, providing the claimant can show good reason for the delay
