Requirements

Question 1

Requirement of public law function

Answer 1

Poplar Housing v Donoghue

Question 2

Not amenable if purely managerial

Answer 2

R v BBC ex p Lavelle

Question 3

Sufficient interest

Answer 3

S.31(3) SCA 1981

Question 4

Pressure Group test

Answer 4

Ex p World Development Movement

Question 5

Undue time delay

Answer 5

S.31(6) SCA 1981

Question 6

Statutory time limits

Answer 6

CPR rule 54.5

90 day general, 6weeks planning, 30 day procurement

CPR rule 54.3

Tighter statutory time limits take priority

Question 7

Extension of time limits

Answer 7

Can: ex p Jackson
Not obliged: ex p Caswrll

Not if partial ouster: ex p Ostler

Question 8

Full ouster ineffective

Answer 8

Assumes parliament didn’t intend decisions which were legally incorrect to be immune from challenges

Anisminic v FCC

Question 9

Partial-Ouster

Answer 9

Works for time limits

Ex p Ostler

Question 10

Implied-Ouster clause

Answer 10

Works if fails to make use of appropriate/adequate statutory procedures

Ex p Goldstraw

Question 11

Judicial review purpose/definition

Answer 11

Brightman LJ

North Wales Police v Evans

Question 12

Judicial review governed by

Answer 12

S.31 Senior Courts Act 1981

P.54 Civil Procedure Rules (CPR) 1998

Question 13

Public body?

Answer 13

Ex p Datafin

Question 14

Test to determine mandatory or directive?

Answer 14

Based on parliamentary intention

R v Soneji

Question 15

Right to reasons where absence looks completely wrong

Answer 15

Ex p Cunningham

Question 16

Temporary decisions are not refutable

Answer 16

Lewis v Hefder