Judicial Review: Procedure and Remedies Flashcards
What is judicial review used for?
Judicial review is used for public law cases, such as challenges to compulsory purchase orders, licence decisions, and refusal of financial grants.
Can private law decisions be reviewed through judicial review?
No, only decisions made by public bodies can be reviewed in judicial review.
How is a public body defined for judicial review?
A public body is defined by the source of power (statutory or delegated authority, or reviewable prerogative powers) and the nature of the power being exercised (public law functions).
What is required to have standing in judicial review?
Claimants must have sufficient interest in the matter, as per Section 31(3) of the Senior Courts Act 1981.
Can pressure groups have standing in judicial review?
Yes, pressure groups can have standing based on factors like the importance of the issue, absence of other challengers, and their role in upholding the rule of law.
What are the time limits for bringing a judicial review claim?
Claims must be filed within three months, or six weeks for planning decisions, from when the grounds for the claim arise.
Can the time limits for judicial review be extended?
Yes, courts can extend time limits with a good reason, as per Ex parte Jackson.
What are ouster clauses in Acts of Parliament?
Ouster clauses limit or exclude the right to challenge a decision, but they do not protect legally invalid decisions.
What is the first step in the judicial review procedure?
The first step is to comply with the Pre-Action Protocol, including sending a letter before claim to the decision-maker.
What happens at the permission stage in judicial review?
The court checks standing, timeliness, and dismisses hopeless claims before proceeding to the substantive hearing.
What happens at the substantive hearing in judicial review?
The substantive hearing takes place in the administrative court, where a judge considers whether the decision-maker acted improperly.
What are the remedies available in judicial review?
Remedies include:
- Quashing Orders: Nullify a decision, requiring the public body to restart the process.
- Prohibiting Orders: Prevent public bodies from acting beyond their powers.
- Mandatory Orders: Compel public bodies to fulfill legal duties.
- Non-Operative Orders: Private law remedies like declarations, injunctions, or damages.
Can damages be awarded in judicial review?
Yes, damages can be awarded if there is a private law cause of action, such as in contract or tort, under Section 31(4) of the Senior Courts Act.
