Judicial Review

Question 1

Can they bring a claim

Answer 1

1. Is defendant a public body
2. Does claim raise public law issues
3. Does claimant have sufficient interest
4. Is claimant within the time limit
5. Check for ouster clauses

Question 2

Grounds for judicial review (CCSU)

Answer 2

1. Illegality
2. Irrationality
3. Procedural impropriety

Question 3

Illegality

Answer 3

1. Without lawful authority
2. Wrongful delegation
3. Ferreting of discretion
4. Unauthorised purpose
5. Dual purpose
6. Considerations
7. Errors

Question 4

Irrationality

Answer 4

Unreasonable and outrageous

Question 5

Procedural impropriety

Answer 5

1. Statutory procedures
2. Bias
3. The right to a fair hearing

Question 6

Breach of a convention right

Answer 6

1. S.6 HRA

2. Marper ECHR test

Question 7

Public law remedies

Answer 7

1. Quashing order
2. Prohibiting order
3. Mandatory order

Question 8

Private law remedies

Answer 8

1. Declaration
2. Injunction
3. Damages