judicial review; grounds + procedure

Question 1

judicial review is available against
- any person
- a government body
- any person or body exercising a public function

Answer 1

any person or body exercising a public function

Question 2

a claimant for judicial review must have been affected financially by the decision about which they complain - true or false.

Answer 2

false - the claiman must have sufficient interest

Question 3

judicial review is an appeal from a decision true or false?

Answer 3

judicial review is not a rehearing.

Question 4

illegality is one of the grounds for judicial review it eans that
a) the decision maker has committed a crme
b) the decision maker has broken the law
c) no sensible person could have made the decision

Answer 4

c

Question 5

irrationality is one of the grounds of judicial review it means:
a) the judge disagrees with the decision
b) a reasonable man disagrees with the decision.
c) no sensible person could have made the decision

Answer 5

c

Question 6

natural justice means

Answer 6

there is a right to a fair hearing.

Question 7

procedure for judicial review

Answer 7

laid down in the senior courts act and part 54 of the civil procedure rules.

• the claimant applies to the administrative court (part of the high court) to review the lawfulness of a decision, action or failure to act in relation to the exercise of a public function.

Question 8

leave

Answer 8

• permission to proceed
• claimant must first seek permission to apply for judicial review - usually decided by the court official - state the grounds, remedy sought and the facts relied on.
• if this is refused the claimant can request an oral hearing.

permission will be granted if -
- the claim form is arguable and it has a REASONABLE PROSPECT OF SUCCESS.
- filed not later than 3 months after the grounds first arose (time limit for planning decisions is 6 weeks + strictly applied).

refused if:

• suitable alternative remedy e.g. statutory appeal, or an internal appeal
• highly unlikley that the outcome for the applicant would be substantially different if the conduct complained of had not occured, meaning that the public body’s decision would have been the same if it had been made lawfully.

Question 9

sufficient interest

Answer 9

the claimant must have sufficient interest in the matter to which the application relates

• court will look at same factors for pressure groups ect.

Question 10

public body 0