public law flowchart

Question 1

Can the claimant make a claim for judicial review? 4

Answer 1

1. Can the claimant raise public law issues? Is defendant amenable to judicial review (datafin)
2. Does claimant have sufficient interest.
3. Is claimant within time limit.
4. Is court effected by ouster clauses.

Question 2

What are C’s likely grounds of challenge? 3

Answer 2

1. Illegality
2. Irrationality.
3. Procedural impropriety
   Diplock CCSU

Question 3

What are C’s likely grounds of challenge? Illegality 6

Answer 3

1. Acting without legal authority
2. Wrongful delegation
3. Fettering of discretion
4. Purpose
5. Relevant / irrelevant considerations
6. Error of law / fact

Question 4

What are C’s likely grounds of challenge? Irrationality 2

Answer 4

1. So unreasonable that no reasonable decision maker would have come to it (Wednesbury)
2. Outrageous in its defiance of logic (CCSU)

Question 5

What are C’s likely grounds of challenge? Procedural Impropriety 2

Answer 5

1. Procedural unfairness, fair hearing, bias

2. Procedural Ultra vires

Question 6

Breach of qualified convention rights

Answer 6

Apply proportionality test

Question 7

Appropriate remedy

Answer 7

Public law

Private law

Question 8

Appropriate remedy. Public law 3

Answer 8

1. Quashing orders
2. Mandatory orders
3. Prohibiting order

Question 9

Appropriate remedy. Private Law 3

Answer 9

1. Declarations
2. Injunctions.
3. damages