Remedies & Compensation Flashcards
What statutory provision deals with permission and leave?
S31 Senior Courts Act 1981
Allows for mandatory, quashing or prohibiting order as well as injunctions
What is provided by S31(3) of the Senior Courts Act 1981?
No application for judicial review shall be made unless it considers that the applicant has a sufficient interest in the matter to which the application relates
What was established in the case of Boddington v British Transport Police?
B was entitled to bring a ‘collateral challenge’ which are an alternative to judicial review and a way to attack the validity of an administrative decision
‘Only the clear language of a statute could take away the right of a D’
What does S7 HRA say about standing?
(1) A person who claims a public authority has acted in breach of S6 can bring proceedings only if they would be a victim
(3) Applicant is taken to have sufficient interest if they would be a victim of the crime
What does R v IRC, ex parte National Federation of the Self Employed say about standing?
NFSE did not have sufficient interest
* In simple cases where it is clear early there is no standing leave can be refused
* In other cases, the question must be considered in the ‘legal and factual context’
Merits of the case must be examined to determine standing
What was said in the Rose Theatre case?
- A person cannot obtain sufficient interest by writing a letter to a secretary of state
- Function of the court is not for every interested individual to have their action litigated, Parliament could have granted this but it has not
- The court will have to look at the statute and matter to which the application relates and determine whether the statute gives the individual a greater right or expectation than others
What was said in the case of Walton v Scottish Ministers?
- Distinction must be drawn between mere busybodies and person affected who have reasonable concern in the matter
- There may be cases in which any individual, simply a citizen, will have sufficient interest
- Rule of law would not be maintained if, because everyone was equally affected, no one was able to bring proceedings
What is significant about the case of R (DSD) v Parole Board
- The Mayor did not have sufficient interest for standing as his statutory functions did not relate to the parole board
- HOWEVER, the victims has standing because there was evidence that Worboys shouldn’t have been released due to other potential victims and an on-going newton trial that the board should have considered
What is meant by contempt of court?
Either an interference with court process or a refusal to abide by the requirements of a court order
M v Home Office, hled that courts can grant injunctions against the crown; ministers are not immune to contempt proceedings
What is an ouster clause and give some cases that demonstrate these?
A clause/provision in legislation that attempts to exclude judicial review
* Anisminic- Clause not effective as no legally valid decision was made
* Cart- Crreated Cart appeal, if there is refusal court may grant under error of law (JR must be excluded by clearest of words)
* Privacy International- If Parliament fails to make intentions clear it is for the courts to determine the limits set
What is provided by S8 HRA?
(1) The court may make such relief or remedy within its power as it considers just and appropriate
(3) Damages should not be awarded unless taking all circumstances into account it is necessary for just satisfaction
