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Public Law - Judicial review: standing revision notes (semester 2) CA$5.48   Add to cart
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Public Law - Judicial review: standing revision notes (semester 2)
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  • Course
  • Public Law (LAW106)
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  • The University Of Liverpool (UoL)

Documents containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.

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  • January 14, 2024
  • 3
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers

Subjects

  • public law
  • law
  • law exam
  • problem questions law
  • public law exam revision notes
  • constitutional law exam revision notes

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  • The University of Liverpool (UoL)
  • Unknown
  • Public Law (LAW106)
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Judicial Review – standing


JUDICIAL REVIEW – STANDING

ISSUE: The issue is if the individual, group, or body has standing to bring a judicial review
claim.

ARTICULATE LEGAL TEST “The court shall not grant leave to make … an application
unless it considers that the applicant has a sufficient interest
in the matter to which the application relates”

AUTHORITY FOR TEST Senior Courts Act 1981 s31 (3)

R v Inland Revenue ex  Fleet street was home of newspaper printing industry
parte National  Casual workers in this industry
Federation of Self  In the 1970s it was well known and tolerated that
Employed and Small these workers preferred to be paid in cash in hand and
Business [1982] evade tax and this was a standard thing that all major
newspapers did
(Known as The Fleet  Overtime government tolerance of this worn away
Street Casuals case)  Deal that if they agreed with inland revenue public
authority the employers and employees to start acting
lawfully now then they will not investigate the
historical tax evasion (amnesty)
 The national federation said that they could have
cheated tax for years so questioned why they weren’t
given an amnesty – arguing the deal was unfair
 National federation doesn’t have sufficient interest in
this judicial review so had no standing

DICTA FROM FLEET “On what principle…is the sufficiency of interest to be
STREET CASE judged?”
- Lord Fraser

RECENT STATEMENT OF the question of sufficient interest, involves (at least)
A TEST consideration of the following factors:
(1) The merits of the underlying claims;
(2) The particular legislative or other context of the claim
being made;
(3) How, if at all, the claimant might be affected by the
unlawfulness alleged;
(4) The gravity of the allegations or findings made;
(5) Other possible claimants; and
(6) The position of the actual claimant

 Recent distortion of the test - If you have a good
argument they the courts are more likely to say that
they have standing

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