Class notes
judicial review
- Course
- Institution
a useful and well detailed analysis of the topic
[Show more]
Seller
Follow
sansomeevie
Content preview
Lecture 20-Judicual review Putting it all togetherIn this session
- A reminder of the correct structure for judicial review
- A worked example
BASIC STRUCTURE FOR ALL JR PROBLEMS
PERMISSION STAGE
- decision made by a public body?
- claimant with sufficient interest
- in time?
ARGUABLE GROUNDS
- any kinds of illegality?
- any kinds of procedural impropriety?
- irrationality?
- Proportionality?
REMEDY
- quashing order/ mandatory order/ declaration/ injunction
- Damages only if HR claim
WHERE IN THE STRUCTURE IS DETAIL REQUIRED?
Issues in the case = parts of the structure where there is more likely to be disagreement or difficulty
satisfying the court
PERMISSION STAGE 1:
is the decision made by a public body?
yes- DECISION CAN BE MOVED ONTO PERMISSION STAGE 2
if no then…
is the decision one made by a private company, who is doing the work of a public body? (DATAFIN)
- Yes- DECISION CAN BE MOVED ONTO PERMISSION STAGE 2
- no- NO JUDICIAL REVIEW
PERMISSION STAGE 2: Sufficient interest S31 SCA 1981
Individual client Organisation client
1. are they directly impacted (BINKS)? IF 1. is the organisation representing
YES go to stage 3 collective interests of all members? if
YES go to stage 3
IF NO IF NO
2. are they asking for a review of a 2. is the organisation able to show (a)
matter of general public importance matter of general public importance (b)
(REES-MOGG/MILLER)? if YES go to they have expertise/ resources to bring
, permission stage 3 if NO no JR a strong claim (c) some members have
individual sufficient interest
(GREENPEACE)? if YES go to permission
stage 3 if NO no JR
PERMISSION STAGE 3: TIME LIMITS
was the decision made within the last 3 month
if yes….
if no….
then if there was a shorter time limit (partial ouster
will the court consider a late claim?
clause) was the decision made within this new time
- general public importance
frame? - hardship (cost) to 3rd party
- good reason for being late
if no then no judicial review
if yes….
permission stage complete, move to grounds
CHECKLIST OF GROUNDS
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller sansomeevie. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.79. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
60434 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now