Judicial Review_1

Permission stage
1. Public Body/ Authority
  1. HRA s6
  2. Function,Funding,Establisnment (Statute?)
2. D/O/A
3. Time Limit-3mnths
4. Public Law Matter
5. Prima Facie Case
6. STANDING
  1. INDIVIDUAL
    1. HRA s7= v/p.v.test
    2. Senior Courts Act= S.I. Test
  2. Satndard JR
  3. 3rd party intervener/friend of the courts: up to the courts to accept info
  4. Claimant
    1. Group
7. Exhausted Appeals
Grounds
1. llegality
  1. Traditional
    1. Error of Law
    2. Error of Precedent Fact
    3. Irrational Conclusion as to fact
    4. Power for improper purpose
    5. Duty as opposed to discretion (could be error of law)
    6. Unlawful Delelgation of Power/ Dictaion
    7. Fettering of Discretion
    8. Failure to take into acount relevant considerations
  2. HRA/ECHR
    1. Breach of HRA
    2. 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
    3. Right? been complied with? any restrictions?
    4. Lack of compliance been authorised by statue? YES= decision not unlawful NO= decision not lawful Uk law incompatible with ECHR
2. Unreasonableness/ Irrationality
  1. Wednesbury test
  2. Refined in CCSU/ GCSU by Lord Diplock to Irrationality
  3. overlap with other grounds of review
  4. Proportionality in context of ECHR
3. Procedural impropriety
  1. Breach of
    1. Stat. duty
      1. Mandatory
      2. Directory
    2. Rules of natural justice (common/ case law)
      1. 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
      2. 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
Remedies
1. Old
  1. Quashing order
  2. Prohibiting order
  3. Mandatory order
2. New
  1. Injunctions
  2. Declaration
  3. Dec. of incompatibility
  4. S8-Compensation Discretionary
3. Current Reforms
  1. Criminal Justice & Courts Act 2015
    1. Sec 84 can refuse remedy if outcome wouldn't have been substantially different

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Judicial Review_1

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	Created by Daustina almost 9 years ago

	Copied by Jack McEvoy almost 9 years ago