Judicial Review - Procedure and Remedies

Question 1

What needs to be present before you can apply for JR?

Answer 1

(1) Public body / body exercising a public function
(2) Public law issue
(3) JR is available (no appeal rights / ouster clauses)
(4) Standing
(5) Timescales

Question 2

What is the test for when a body is exercising a public function?

Answer 2

(1) Source of power: Is it statute or royal prerogative? OR
(2) Nature of power: If the body did not exist, would Parliament step in and create it?

(Datafin)

Question 3

How does Part 54 of the Civil Procedure Rules define Judicial Review?

Answer 3

“A claim to review the lawfulness of a decision, action or failure to act in relation to the exercise of a public function”

Question 4

O’Reilly v Mackman (1993)

Answer 4

If the issue is a public law one, you cannot sue privately

Question 5

How is “standing” defined in statute?

Answer 5

“Sufficient interest in the matter to which the application relates”

Question 6

Where is the statutory definition of “standing” for JR set out?

Answer 6

Senior Courts Act 1981 s31(3)