Public Law (LLB) - Judicial review

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What is procedural ultra vires?
It occurs when procedures under the enabling act have failed to be followedand refers mainly to the situation where a publicauthority has over stepped its powers. Instrumentswill be held to be ultra vires if a mandatory procedural requirement has not
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...been followed, but will not be if the procedure is only directory.
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What did Lord Diplock say were the grounds for judicial review in the GCHQ case?
ord Diplock classified the grounds on which administrative action is subject to judicial control under three heads, namely, 'illegality', 'irrationality', and 'procedural impropriety'. He also said that further grounds may be added as the law
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...developed on a case-by-case basis.
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What is the difference between JR & appeal?
JR concerns itself with the way in which the decision was made, not the decision itself. i.e was the decision made irrationally/illegally or impropriety, or failing to comply with duty under s6 HRA. Appeal looks at the merits of the decision itself.
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Where can an application for judicial review be made and are where are the requirements for an application summarised?
They can be made to the High Court and common law preliminary requirements for application are now summarised in the CPR Pre-action protocol for judicial review. This protocol sets out the code of good practice.
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The matter must be one of public law. What case discussed this?
O'Reilly v Mackman - prisoner's rights to a fair hearing arose under prison rules not under any contract and so the issues were characterised as public law.
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The offender must be a public body. Give case example.
In R v City Panel on Take-overs & Mergers ex parte Datafin the self-regulated body were granted public body status although they had no statutory, prerogative or common law powers. The court deemed the panel to wield enormous power that could take
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...decisions affecting the rights of others. Therefore the courts had to provide a means by which such a power could be controlled.
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What does the case of East Berkshire Health AUthority, ex parte Walsh show?
It shows that where a case involves an individual's contract of employment it will be regarded as a private law issue.
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The claimant must have sufficient interest in the claim. What section and statute states this?
The claimant must have a sufficient interest - S31(3) Senior Courts Act 1981
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What did the case of IRC v National Federation of Self-employed and Small Businesses Ltd rule?
In this case it was held the federation did not have sufficient interest to sought judicial review. Providing that an applicant has good evidence of ultra vires action, the courts will generally find sufficient interest.
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What does s31(7) if the Senior Courts Act 1981 state?
The claimant has 3 months in which to bring an action under judicial review from when the decision was made.
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For an individual's claim to be heard there must be a likelihood of a substantially different outcome for the claimant. What section and statute states this? What is the exception?
S84 of the Cirminal Justice and Courts Act 2015 inserted this into S31 of the Senior Courts Act 1981. This rule inserted in s31(2)(a/b) can be rebutted if it is approprivate to do so because of exceptional public interest. (s31(2)(b))
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What public law remedies are available for a claim under judicial review? What section and statute relates to this?
Quashing order, mandatory order and a prohibiting order. These are known as prerogative orders under S31 of the Senior Courts Act 1981. Judicial procedures is the only procedure by which prerogative orders can be obtained.
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Give a case example relating to a quashing order.
Electricity Commissioners 1924 - any body regarded by the courts as coming within the sphere of public law can be amenable to a quashing order. This only quashes the decision and doesn't provide an alternative.
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What private law remedies are available? Give case examples.
Declarations - this is a statement of law and the rights of the parties involved in a given issue. PM and other (Campaign for Nuclear Disarmament) 2002. Injunction. It is unlikely the courts would grant this given the array of other remedies
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available. Ministry of Agriculture, Fisheries and Food, ex parte Monsanto plc held that one will only be applied where the applicant for injunction has an arguable case, a substantive to decide, attention as to whether the subject-matter of dispute
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falls within the public law sphere and have regard to where the balance of convenience lies.
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Damages may also be available. Under s31(4) Senior Courts Act 1981 a court may awar damages on a judicial review if the claim relates to any matter to which the application relates and the court is satisfied such an award would have been made.
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What exclusion of judicial review are there? (Parliament has sometimes included in statutes provisions which purport to make the administrative authority immune from judicial review)
1. Ouster clauses - these attempt to exclude the jurisdiction of the courts' supervisory function entirely. Limitation clauses - These allow an application for review within a stated time period from the date of the decision complained of but no
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...been followed, but will not be if the procedure is only directory.

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What did Lord Diplock say were the grounds for judicial review in the GCHQ case?

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What is the difference between JR & appeal?

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