Judicial Review

What is judicial review?

Reviews the lawfulness of decisions made by public bodies, not Acts of Parliament.

What are the requirements to bring judicial review?

• Permission

• Standing (sufficient interest)

• Promptly

• Within 3 months

• No adequate alternative remedy

What bodies are subject to judicial review?

Public bodies and private bodies exercising public functions.

What are the three main grounds of judicial review?

• Illegality

• Irrationality

• Procedural impropriety

What is illegality?

Public body acts outside its legal powers.

Includes:

• improper purpose

• fettering discretion

• bad faith

• relevant/irrelevant considerations

What is Wednesbury irrationality?

Decision is so unreasonable that no reasonable authority could have made it.

What is procedural impropriety?

Failure to follow a fair procedure.

Examples:

• bias

• fair hearing

• consultation

• notice

• legal representation

• legitimate expectation

What is legitimate expectation?

Public body departs from a:

• clear promise, or

• established practice

that someone reasonably relied on.

Judicial review remedies

• Quashing = undo

• Prohibiting = stop

• Mandatory = make them act

• Declaration = state legal position

• Damages = rare

When are damages available in judicial review?

Only if there is:

• a recognised private law claim, or

• a Human Rights Act claim.

Justiciable vs non-justiciable

• Justiciable = courts can decide.

• Non-justiciable = courts will not review (usually political matters).

Modern judicial review case name

R (on the application of X) v Public Body

R = Rex (King) / Regina (Queen)