Standing Flashcards
Purposes of JR
- keeping PB in limits of power
- resolving disputes
- establishing standards of good admin
- protection of values e.g. HR
- surrogate political process
Rational of public interest litigation?
Purposes of JR
In the interests of the rule of law?
Sometimes person affected can’t raise the issue e.g. can’t afford it
Example of where public interest allowed: Enviromental law?
R v Inspectorate of Pollution ex p Greenpeace LTD 1994
greenpeace allow in public interest claim
Example of where public interest allowed: Broadcasting?
Challenge to fairness of politcal broadcasts
- Wilson v indépendant Broadcasting Authority 1979
(said other campaign got more air time)
What did the Report of the Scottish Civil Courts Review 2009 change the standing test to?
- sufficient interest in subject matter
Which case did Supreme Court use to accept this recommendation and change the law?
AXA General Insurance v HM Advocate 2011
What was said in AXA General Insurance v HM Advocate 2011?
- need not show acting in public interest
- just need to say directly affects the section of the public the group wants to represents
So whats the test?
Whether person has sufficient interest in issue, case by case assessment
What is public interest intervention?
2 arguing parties, third party drops in
Scotch Whiskey Association, Petitioner 2012
Allowed charity who wanted people not to drink so much had standing
But not always allowed
Sustainable Shetland v Scottish Ministers 2013
Bird charity not allowed to step in
Remedies fro supervisory jurisdiction are the same as ordinary civil remedies. These are?
- Reduction
- Declerator
- Interdict
- Suspension
- Implement
- Damages
What should you always round off a problem qu with?
REMEDIES. WHAT DO YOU SEEK? WHY ? SHOULD YOU? IS IT WORTH IT? CHANCE OF SUCCESS???
In England is it the same?
No, they have special remedies for Supervisory Jurisdiction
