2334874
Judicial Review
- Permission stage
- Public Body/ Authority
- HRA s6
- Function,Funding,Establisnment
(Statute?)
- HRA s6
- D/O/A
- Time Limit-3mnths
- Public Law Matter
- Prima Facie Case
- STANDING
- INDIVIDUAL
- HRA s7= v/p.v.test
- Senior Courts Act= S.I. Test
- HRA s7= v/p.v.test
- Satndard JR
- 3rd party intervener/friend of
the courts: up to the courts to
accept info
- Claimant
- Group
- Group
- INDIVIDUAL
- Exhausted Appeals
- Public Body/ Authority
- Grounds
- llegality
- Traditional
- Error of Law
- Error of
Precedent Fact
- Irrational Conclusion
as to fact
- Power for
improper purpose
- Duty as opposed to
discretion (could be error of
law)
- Unlawful Delelgation of
Power/ Dictaion
- Fettering of
Discretion
- Failure to take into acount
relevant considerations
- Error of Law
- HRA/ECHR
- Breach of HRA
- Pub Auth act in a way that
complies with ECHR right unless
Parl. via Prim. Leg. authorises or
requires Pub. Auth. to act in a way
that is incompatible with ECHR
- Right? been complied
with? any restrictions?
- Lack of compliance been
authorised by statue?
YES= decision not
unlawful NO= decision
not lawful Uk law
incompatible with ECHR
- Breach of HRA
- Traditional
- Unreasonableness/
Irrationality
- Wednesbury test
- Refined in CCSU/ GCSU
by Lord Diplock to
Irrationality
- overlap with
other grounds of
review
- Proportionality in
context of ECHR
- Wednesbury test
- Procedural
impropriety
- Breach of
- Stat. duty
- Mandatory
- Directory
- Mandatory
- Rules of natural
justice (common/ case
law)
- Right to
- Know case
against you
- a D-maker free
from bias(or the
appearance of )
- to be heard
- Cicumstancial
- to be or to cross
examine
- to be
represented
- knowreasons
related to
decision
- to be or to cross
examine
- Know case
against you
- Disappointment of
legitimate
expectation
- Procedure-
common
practise
- Substantive Benefit- like
estoppel I private law
- detrimental
reliance
- only place
where you can
get what you
wanted in the
1st place
- detrimental
reliance
- Procedure-
common
practise
- Right to
- Stat. duty
- Breach of
- llegality
- Remedies
- Old
- Quashing
order
- Prohibiting
order
- Mandatory
order
- Quashing
order
- New
- Injunctions
- Declaration
- Dec. of
incompatibility
- S8-Compensation
Discretionary
- Injunctions
- Current
Reforms
- Criminal
Justice &
Courts Act
2015
- Sec 84 can refuse
remedy if outcome
wouldn't have been
substantially different
- Sec 84 can refuse
remedy if outcome
wouldn't have been
substantially different
- Criminal
Justice &
Courts Act
2015
- Old
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