Judicial review-nature and process Flashcards
What is judicial review?
Judicial review is a type of Court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. Judicial reviews consider whether a decision has been correctly made and implemented according to law.
What type of decisions are amenable to judicial review?
As a general rule, only public law decisions are amenable to judicial review however if a body is exercising a public law function, or if the exercise of its functions have public law consequences, then that may be sufficient to bring the body within reach of judicial review.
Are self-regulatory authorities generally found to be exercising public functions?
Yes, if the matter in question has the necessary public character.
If the issue is of a private nature, judicial review will not be appropriate.
What is the procedural exclusivity rule?
Judicial review is the exclusive procedure for challenging public law decisions. To bring a public law challenge in any other way than judicial review would amount to an abuse of process of the court
What are the two exceptions to the procedural exclusivity rule?
-When neither party objected to the use of private law procedure
-When the contested decision was collateral eg if it arose out of or incidentally to some other legal claim
What level of standing is required to bring a judicial review application?
The applicant must have sufficient interest in the matter to which the application relates-Senior Courts Act 1981, s31(3).
Are associations of individuals with a sufficient interest allowed standing to bring a judicial review application?
Courts are generally content to allow associations of individuals with a sufficient interest the standing to challenge a matter in the communal interest. There must be a logical connection between the applicant’s degree of interest and the matter in connection.
Are pressure/interest groups generally given standing to bring a judicial review application?
The Courts take a liberal approach and most groups are granted standing as seen in Ex parte Greenpeace Ltd (1994) and Ex parte WDM (1995) where both groups were granted standing due to a number of factors including the rule of law, absence of any other challenger and the expertise of the challengers.
What is the time limit for judicial review applications?
CPR Part 54.5(1) states that a claim must be filed (a) promptly and (b) in any event no later than 3 months after the grounds to make the claim first rose.
The Court can extend this period but the parties cannot agree to extend the same.
What is the time limit for judicial review of planning decisions taken after 1 July 2013?
6 weeks
What is the time limit for judicial review of public procurement decisions?
30 days
What is an ouster clause?
An ouster clause is a legislative provision which, on its face, appears to exclude the jurisdiction of the Court to conduct a judicial review.
What is the Courts attitude to ouster clauses in the context of judicial review?
Courts are generally hostile to these clauses as they are seen to represent a challenge to the rule of law. They are unlikely to uphold a total ouster clause unless clear, explicit wording is used.
The modern judiciary has responded by developing an extremely strong presumption of statutory interpretation that Parliament does not intend to exclude judicial review.
What is a partial ouster clause and will the Courts uphold these?
A partial ouster or time limitation clause is a legislative provision that seeks to exclude the jurisdiction of the Court once a time limit has expired.
Courts are likely to strike out any action brought after the time has expired.
Is judicial review a last resort and what must be exhausted first?
Yes, it is a remedy of last resort and alternative remedies and processes must be exhausted before the Court will grant permission to bring a judicial review claim.
