Judicial Review Flashcards
Damages or other forms of compensation or not awarded for judicial review. When could damages be given?
If there was a successful civil case in contract or tort as part of the review
How do courts assess misinterpretation of the law?
They’ll look closely at the wording of the whole act of parliament to decide what decisions are allowed, and the statute must be interpreted in the context of the general principles of the constitution
On what grounds can a judicial review for policy be carried?
- Illegality
- Irrationality
- Procedural impropriety
What are relevant and irrelevant considerations (Illegality?
The decision maker must only consider relevant matters and not be misled by irrelevant matters or personal opinions
In Wheeler v Leicester City Council, The council inappropriately banned the rugby club for using the council playing field because they didn’t approve of its tour of South Africa
What are the 6 different types of illegality for judicial review?
- Misunderstanding the law
- Improper purpose
- Relevant and irrelevant considerations
- Fettering of discretion
- Unauthorised delegation
- Error of fact
What are the rules for substantive legitimate expectation?
A clear and unequivocal undertaking
Given to a particular group or individual
But the defendant could defeat the claim by showing that there was good reason for departing from the undertaking
What are the two basic principles of natural justice?
- The rule against bias
- The right to a fair hearing
What do courts look at in a judicial review?
The process by which the decision was made
What is a declaration?
It’s a judicial review remedy when the court states the legal position and the public bodies must comply
What is a mandatory order?
A judicial review remedy when the court orders the public body to fulfil its legal duties
What is a procedural legitimate expectation (procedural impropriety)?
As part of natural justice, a claimant has a legitimate expectation that they will be consulted about a change in the rules or decision that will affect them
What is a prohibiting order?
It’s a judicial review remedy when the court orders the public body not to make or implement an illegal decision
What is a quashing order?
It’s a judicial review remedy where the court rules that the decision of the public body is of no effect and the body must make the decision again, this time legally. The court might substitute its own decision
What is error of fact (illegality)?
The decision cannot be based on facts that are incorrect, and cause unfairness
What is fettering of discretion (Illegality)?
The public body may adopt a general policy for taking decisions, but it must not stick to the policy rigidly and fail to properly consider individual cases
What is illegality?
A decision maker misunderstands or misapplies their legal powers
What is irrationality?
A decision so absurd that no sensible person could’ve reached it
What is leave - permission to proceed?
Where the claimant must first seek permission to apply for judicial review
What is misunderstanding the law (illegality)?
Where someone interprets or applies legal rules incorrectly due to a lack of knowledge, misinterpretation, or confusion about the legal principles
What is natural justice (procedural impropriety)?
Natural justice is the right to a fair hearing and applies when a decision of a public body affects the rights of an individual
What is substantive legitimate expectation (procedural impropriety)?
In certain circumstances public bodies may be obliged to keep a promise that they have made about their future policies
R v North and East Devon Health Authority ex parte Coughlan - 8 severely disabled patients had been told they could stay in their NHS accommodation for life, but Devon later wanted to close it
What is sufficient interest for a judicial review?
In order to make an application for judicial review the decision must have affected some interest or right of the claimant
What is the “requirement to consult” (procedural impropriety)?
When interested parties need to be consulted before a decision is taken
What is the right to a fair hearing?
The accused person must be given the opportunity to put their side of the case forward. They should be told what they are accused of and allowed to respond before the decision is taken
The more serious the consequences of the decision, the more rights the claimant has
What is the rule against bias?
- A person should not take a decision if they have a personal interest in the outcome
- It’s not necessary to prove that the decision maker was actually biased, merely that it is the impression they give
What is the test to determine bias?
Whether the fair minded and informed observer would conclude that there was a real possibility that the tribunal was biased based on the facts
What is unauthorised delegation?
When legislation clearly entrusts a decision to a specified public body, that body cannot allow someone else to take that decision
What is Wednesbury unreasonableness?
That a decision that is so perverse or absurd that it cannot be allowed to stand.
When will permission be granted for a judicial review?
- If the claim is arguable and has a reasonable prospect of success
- If the claim form is filed within three months after the grounds to make the claim has arisen
The time limit for planning decisions is six weeks, and these time limits are strictly applied
When will permission be refused for a judicial review?
- If there is a suitable alternative remedy, such as a statutory appeal or an internal appeal
- If it is highly likely that the public bodies decision would’ve been the same if it had been made lawfully
Which acts is the judicial review laid down by?
Section 31 of the senior courts act
Part 54 of the civil procedure rules
Who can make an application for a judicial review?
A concerned citizen or interest or pressure groups
