Preliminary Issues Flashcards
What piece of legislation cites how a person may have standing?
s31(3) SCA 81: must have sufficient interest.
Exp Venables: allowed standing as victims.
Exp Bulger: not allowed because they were third parties.
Fleet St Casuals holds what?
It is a two stage test for standing: permission hearing and a substantive hearing.
How are pressure groups considered in light of standing?
ROSE THEATRE TRUST/GREENPEACE NO. 2
Must be respected, established, experts, large membership, individual members affected:
UNLESS: no other challenger and the case is of public interest: WDM.
How is a cases amenability decided?
GCHQ: public decisions are always reviewable, as are prerogative powers.
DATAFIN: test for public function; but for the presence of this body would government legislate?
In what cases has the Datafin test been applied?
EXP AGA KHAN: jockey club; no governmental powers.
EXP WATCHMANN: no interference with religious matters.
R v SERVITE HOUSING: if statute refers to contracting out then the issue is amenable.
The doctrine of procedural exclusivity means what?
O’RIELLY v MACKMAN: JR is for public law decisions only, not private.
UNLESS: claim arises out of another legal claim: ROY v KENSINGTON.
If in doubt, always start with JR: DENNIS RYS v SHEFFIELD.
Guidelines found at CPR 98, s54.
What are the time limits for bringing a JR claim?
CPR 54(5): ASAP & within 3 months.
Courts may extend: s31 SCA, but are reluctant to do so: exp CARSWELL.
How are ouster clauses dealt with by a court?
Total clauses: ANISMINIC: wont stop the court reviewing.
Partial limits (ie. time limits) may be allowed: SMITH v EAST ELLOE: 6 weeks reasonable.
Must comply with s6(1) HRA: Matthews.
How must a person exhaust all other available remedies first?
PRESTON: all other routes of justice must be used and if a certain body of appeals/tribunal system exists then use that first.
What remedies are available?
QUASHING ORDER: nullified decision & must be made again in light of courts findings.
PROHIBITING ORDER: prevents future action.
MANDATORY: order to act; for situations where have omitted a decision.
DAMAGES: only available if a concurrent tort/hra action.
Judicial review is governed by what?
CPR : s54(1)(a): a claim for JR means a claim to review either (i) the lawfulness of an enactment of (ii) the lawfulness of a decision, action or failure to act in the exercise of a public function.
