Judicial Review Flashcards
(36 cards)
What are the five main preliminary issues that need to be discussed before allowing a judicial review?
- Standing
- Timing
- Amenability
- Procedural Exclusivity
- Ouster Clauses
What does s31(3) Senior Courts Act 1981 say about when an applicant has standing?
An applicant has standing when they have ‘sufficient interest’ in the matter of the application
What is the two-stage process applied to determine whether an applicant has standing?
- The ‘permission’ stage where the courts will check whether the applicant has prima facie case and look at the applicant’s relationship to it.
- If the respondent feels there is not sufficient interest the courts will consider in more detail whether the applicant can show a strong enough case on the merits and will take into account proximity.
How may we summarise Lord Scarman’s judgment on the issue of standing in Fleet Street Casuals?
- Their must be some logical connection between the claim and the claimant;
- There must be a prima facie case;
- The court will exclude busybodies, cranks and mischief-makers.
The facts of the Fleet Street Casuals case may aid us in understanding why the National Federation of Self-Employed and Small Businesses didn’t have standing. What are they?
The IRC agreed a tax amnesty with 6,000 casual print workers. The IRC agreed to take tax for the 1977-78 and not chase up on previous years. The National Federation sought a judicial review in order to obtain the same amnesty. It was held the amnesty did not need apply to them. It was an agreement solely between the IRC and the casual workers. Therefore they did not have standing.
Fleet Street Casuals is regarded as recommending a wide approach to determining whether an applicant has standing. Which case gave a more restricted view?
Rose Theatre Trust
What was the Rose Theatre Trust?
A campaigning group set up to salvage the Rose Theatre, discovered during a construction project.
Why did Schiemann J not grant the Rose Theatre Trust standing?
He said standing would be granted to an individual who has an express or implied right or expectation above any other citizen, and would not be granted to anyone at all. None of the members had a right or expectation over and above a normal citizen’s and forming a group, he said, did not create one.
Has Schiemann J’s judgment in Rose Theatre Trust been followed?
No (Greenpeace Ltd (No 2) and World Development Movement).
What factors were taking into account when granting Greenpeace standing?
- Their expertise and concern for the environment
- Their 2,500 supporters in the local area which the claim concerned and who may not have had the ability to bring a claim on their own;
- The charity’s national and international status.
What decision did WDM seek a judicial review over?
The Foreign Secretary’s decision to subsidise the Pergau Dam in Malaysia.
What factors were taken into account when granting standing to WDM?
- The likely absence of any responsible challenger;
- Their expertise;
- The importance of vindicating the rule of law;
- The nature of the breach and the duty against which relief was sought.
How did WDM broaden standing?
It demonstrates that standing may be granted to an international group if there is no other potential applicant.
Which case demonstrates that it is possible to get automatic standing?
Equal Opportunities Commission v SS for Employment (the matter concerned sex discrimination).
What criticisms are there of the judgment in Rose Theatre Trust?
- The timing element and ouster clauses of judicial review serve to remove the possibility of an endless number of claims on public authorities;
- The fact that a group had come together increased the likelihood of a serious and non-partisan claim.
Why was standing granted in R v SS for Foreign and Commonwealth Affairs ex p Rees-Mogg?
Because the applicant had ‘sincere concern for constitutional issues’ demonstrated by his writing on EU membership.
In which case did Sedley J explicitly disagree with the judgment given in Rose Theatre Trust that a person should not be granted standing unless they have an interest over and above other citizens?
R v Somerset County Council ex p Dixon
Which case demonstrates that a person with a genuine concern will not always have sufficient interest?
R v SSHD ex p Bulger
What was the claim in R v SSHD ex p Bulger?
The deceased’s father was challenging the lowering of Venables’ and Thompson’s prison sentence
Why was standing not given in R v SSHD ex p Bulger?
The claim was brought by Bulger’s father. It was decided in criminal cases that the only parties with sufficient interest were the Crown and the defendants.
Where do we find the rule on timing for bringing a judicial review?
Civil Procedure Rules part 54.5(1)
What is the rule on timing for judicial review?
‘a claim must be filed promptly and no later than 3 months’ from the incident
May a claim be rejected if it is brought within 3 months?
Yes, if the claim could have been submitted more expediently.
What does CPR 54.5(2) add?
The parties cannot agree to extend the time limit for a judicial review claim.
