procedures and remedies

Question 1

who can bring jr proceedings? standing

Answer 1

• s 31(3) senior courts act 1981 - refers to an applicant who has sufficient interest in the matter
• personal and financial interest are recognised

Question 2

rose theatre trust case

Answer 2

• During building works in London at a carpark the remains of an Elizabethan theatre were found
• Important set of remains because some Shakespeare plays were performed here for the first time
• Group of people, archeologists, actors etc formed a company to try preserve the theatre
• Challenged the secretary of state to protect the theatre
• Court found that the group did not have standing
  Nothing to distinguish this group of individuals from any of us
• Why should they be granted standing
• Pressure group of people who were concerned about the preservation of the theatre
• Need a distinguishing feature that separates you from any member of the public otherwise don’t have standing

Question 3

greenpeace

Answer 3

• pressure group organisation wants preservation of the environment
• When deciding if Greenpeace should have standing the court took into account that they had expertise in the area where the decision was being challenged
• They were granted standing
• This determined future decisions on standing
• Because they had expertise in the area

Question 4

wdm

Answer 4

• Challenge from the overseas budget to fund a dam in Malaysia
• Court found the government had acted improper purposes – not for the purpose of the act
• The word development movement was granted
• standing – they are based in the uk
• Court found they had standing and took into account a series of factors
• Unlikely anyone else would have been able to challenge the decision
• Expertise

Question 5

procedure 4 things

Answer 5

• pre action protocol – claimant is required to write to defendant identifying dispute to see if the matter can be resolved without litigation
• Claimant needs permission of the court to bring judicial review based on the CPR 54.4 civil procedure rules
• Must try other reasonable routes first (otherwise permission unlikely). E.g. decision maker might have internal appeal process or there may be a tribunal for such issues
• Must try to avoid litigation if possible.
  JR is last resort.

Question 6

time limits

Answer 6

• claim cant be later than 3 months after the grounds to make the claim arose

Question 7

remedies

Answer 7

• Discretionary – courts decide
  Senior Courts Act 1981
  Section 31
  1) An application to the High Court for one or more of the following forms of relief, namely—
  a) mandatory, prohibiting or quashing order;
  b) a declaration or injunction …
  shall be made in accordance with rules of court by a procedure to be known as an application for judicial review.

Question 8

mandatory order

Answer 8

public authorities have to fulfil their duty

Question 9

prohibiting order

Answer 9

prevents a tribunal or authority from acting beyond the scope of its powers.

Question 10

quashing order

Answer 10

A quashing order is an order of the court that revokes the original action or decision being challenged - decision sent back to the decision maker

Question 11

what cant be subject to judicial review

Answer 11

acts of parliament