Judicial Review Flashcards

1
Q

Permission

A
  • Review not appeal
  • C must have sufficient interest
  • D body charged with performance of a public duty
  • No alternative remedy
  • Error of law
  • Wednesbury unreasonableness/irrationality
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2
Q

Time limit

A
  • Promptly

- Max 3 months

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3
Q

Pre-Action protocol

A
  • Letter of claim

- D to reply within 14 days

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4
Q

Procedure

A
  • Service on D within 7 days of issue
  • Acknowledgment of service within 21 days
  • Permission granted on papers without hearing
  • 35 days after service of order giving permission for D to submit details
  • C skeleton 21 working days before hearing date
  • Other skeletons 14 working days before hearing date
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5
Q

Hearing

A
  • Written material and legal submissions
  • Disclosure not required
  • XX of witnesses rare
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6
Q

Remedies

A
  • Quashing order
  • Mandatory order
  • Prohibitory order
  • Declaration
  • Injunction
  • Money (only with other remedies)
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