Judicial review - Procedure Flashcards
Who can seek Judicial Review
Individuals who have Locus Standi
Individuals can seek standing on either of thwo bases
- Direct personal interest
- Public interest standing
Case for having Locus Standi
R v HM treasury Ex parte Smedley - Challenged Uk’s monthly payment to EU, had locus standi
Non-Governmental orgainisations (Pressure Groups)
Representative Standing
Large group with a lot of members within a small standing
Expertise standing
What is locus standi
Translates to ‘Place of Standing’ and is required in order to bring a legal action in court
What is the basic pre action protocol ?
Letter to publiv authority
Claim form with Admin Court
Notice given to itnerested parties (21 days to contest)
Granting or denying permission
If granted, futher evidecne filed and substantive hearing takes place
If permission denied, claimant may appeal to court of appeal.
Some inherent Limitations to JR
Not garunteeed damhges under JR - to protect gov departments with limited funds
May be unsuitable for resolving disputes of fact
Origional decision makers may make the same decision again - waste court time ect.
Test for standing
Different test was intreoduced by the HRA 1998 - victims only - adopted from Art 34 ECHR - Any victim of a violation can bring a case
Benefits of Crowdfunding in JR
JR is VERY expensive
Many people may be affected by a violation
Higher pressure for change
Disadvantages of Crowdfunding in JR
Lack of control - Legal aid funds a case WORTH funding, no barrier with crowd funding
Leads to wasted money - Dolan - £400,000 contributed and case was unsuccesful
These companies are not charities - Good law company had a turnover of £2.1m
Questions as to where this money actually ends uo going
Extent of JR
Two broad exceptions
- Some decisions subject to statuatory appeals that may exclude judicial review
- Public authorities in general subject to ordinary law of contract, tort and property
Does JR provide an exclusive procedure
O’reilly v Mackman
- Sued throigh normal channels instead of through JR
Held this was an abuse of process and all JR claims MUST be channelled through Admin courts
Statuatory machinery for challenge
Inquiries can be held to prevent complusary purches of land, which can also be challenegd in high court
Helps to satisfy ART 6 ECHR
Attempt to override the court with JR
Evans v Attorney General
Appealed to information comissioner to reveal documents. Tribunal said they could be discolsed.
A government minister is allowed to say whether or not the department had reasonable grounds to not release the documents.
Seperation of power issues
Parliament can override judicial decisions see Evans v Attorney General
Should a member of the executive be able to overturn a decision of a judicial body - Lord Neurberger
Sufficient standing
R v IRC
Standing has been gradually developed through common law over the years, however this was one landmark standout case
