Judicial Review Prelims

Question 1

Liverpool Taxis

Answer 1

Associations of those directly affected have standing

Question 2

Venables and Thompson

Answer 2

Directly affected individuals have standing

Question 3

Bulger

Answer 3

Only the defendant and prosecution are parties to a sentencing decision - cannot be challenged by a third party

Question 4

Fleet Street Casuals

Answer 4

Logical connection between subject matter and applicant
Diplock - it would be a grave lacuna in the law if a pressure group or even a single public-spirited taxpayer were prevented from vindicating the rule of law

Question 5

Reese-Mogg

Answer 5

Concerned citizens have standing

Question 6

Whitehouse

Answer 6

Concerned citizens have standing

Question 7

Miller

Answer 7

Concerned citizens have standing

Question 8

Greenpeace (No 2)

Answer 8

Pressure groups can have standing :
International and national reputation
Expertise
Local and national membership
Without their assistance those directly affected might not have had an effective way to challenge the issue

Question 9

World Development Movement Re Pergau Dam, Malaysia

Answer 9

Pressure group given standing despite no local link:
Vindicating rule of law
No other challenger
Important issue
Wider role of WDM in advising overseas aid

Question 10

Rose Theatre Trust

Answer 10

Pressure group not given standing due to lack of a local link
Probably distinguishable

Question 11

Datafin

Answer 11

1) Source of power - if statutory then amenable

2) Nature of power - if governmental then amenable

Question 12

Advertising Standards Authority, ex parte Insurance Services

Answer 12

Public authority - governmental power (monitoring broadcasts and publications is a governmental activity)

Question 13

Bar Council, ex parte Percival

Answer 13

Regulation of advocates is a governmental activity - already monitor solicitors and other professions

Question 14

Jockey Club, ex parte Aga Khan

Answer 14

Non-governmental body

Question 15

Football Association, ex parte Football League

Answer 15

Sporting bodies remain outside governmental powers

Question 16

Ex parte Wachmann

Answer 16

Religious organisations are not subject to judicial review (religious schools are)

Question 17

Partnerships in Care

Answer 17

Private hospital was subject to JR due to statutory regulation
‘Stepping in the shoes’ of the local authority

Question 18

Goldsmith

Answer 18

Private law contract

Not exercising a public function in the provision of residential accommodation for the elderly

Question 19

O’Reilly v Mackmann

Answer 19

Public law decisions should be judicially reviewed

Question 20

Roy v Kensington, Chelsea and Westminster FPC

Answer 20

Mixed public and private law - can bring either JR or ordinary action

Question 21

Clark v University of Lincolnshire

Answer 21

Mixed public and private law - can bring either JR or ordinary action

Question 22

Smith v East Elloe

Answer 22

Partial ouster limiting challenge period to 6 weeks was permitted for compulsory purchase order - seen as reasonable

Question 23

Ostler

Answer 23

Confirmed that courts will accept partial ouster clauses if reasonable

Question 24

Anisminic

Answer 24

Courts will interpret around total ouster clauses to the effect of disregarding them