Standing

Question 1

What requirement do you have to meet to bring an argument (have standing) based on HRA?

Answer 1

-you must be a victim according to section 7 of HRA

Question 2

What is the central requirement to bring a claim for classic judicial review?

Answer 2

-you just need a sufficient interest

Question 3

Who else can qualify for the victim requirement besides direct victims?

Answer 3

• indirect victims (family members also affected by violation)
• potential victims (anchorred in s7)
• interest groups if they can establish their members are actual/potential victims

Question 4

What ways are there around the victim requirement?

Answer 4

• arguing based on common law rights in traditional judicial review setting
• if the breach is by an act of parliament the claimant cannot use s7 because it speaks of public authorities and parliament according to HRA isn’t one

Question 5

if public authority comes to you and sues you….

Answer 5

not under the 1 year time limit

Question 6

if you are bringing a claim against the public authority…

Answer 6

must be brought before the end of 1 year from when the act you’re bringing a claim against took place