Procedural Hurdles

Question 1

1) the claim must be a matter of public law case

Answer 1

OReiley v Mackman 1983- public law descions can be challenged under JR, not private law

Question 2

2) the claim must not become time barred and case

Answer 2

s.3(7) seniour courts act 1981- the claim must be filled promptly or under 3 months

Question 3

3) the claim must be brought against a public authority and case

Answer 3

to determine a PA courts will look at the source of the body’s power (statute, royal perogative)
not private arrangements- Aston Cantlow 2003

Question 4

case for a body excersising public function, meaning they are a PA.
must have legal power

Answer 4

Datafin 1987

Question 5

4) applicant must have locus standi

Answer 5

the right to bring a claim/ appear in court
- applicants must demonstrate sufficient interest

Question 6

2 case for locus standi that allowed pressure groups

Answer 6

Lord Diplock in Inland revenue commissions 1982

R v secretary of state for environment ex p Greenpeace 1994

Question 7

case for locus standi that means they don’t need to be directly affected

Answer 7

R (on the application of good law project & anor) v the prime minister & anor 2022

Question 8

5) there must be no ouster clause

Answer 8

clauses inserted in legislation exempting certain acts or decisos of the executive to be subject to JR

Question 9

case for ouster clause notcompletely excluding

Answer 9

Anisminic v foreign compensation commission 1969

Question 10

case for courts accepting limited ouster clauses (restrict time limit)

Answer 10

ostler 1976