J PROCEDURE, PUBLIC BODIES JUSTICABILITY AND OUSTER CLASUSES

What are the to stages of judicial review?

• permission stage

• Substantive hearing

What happens at the permission stage?

• the court assesses whether the claim is arguable and procedurally valid

What happens at the substantive hearing?

• the court determines whether the challenged conduct was unlawful

Which CPR part governs judicial review ?

CPR part 54

What is the purpose of the JR pre action protocol?

• to encourage early resolution and identify issues before proceedings

What is the general JR time limit under CPR 54.5?

• promptly

• Normally three months of the grounds arising

Can parties extend the CPR 54.5 deadline by agreement?

No

What must a claimant demonstrate to obtain JR permission?

• an arguable case

• Meeting procedural requirements

• Including time and standing

What does standing mean in judicial review/?

• the claimant has sufficient interest in the matter

Why is judicial review described as a last resort?

• suitable alternative remedies should be used first

What are the seven key JR questions?

• public body

• Public law

• Justiciability

• Standing

• Grounds

• Alternatives

• Remedies

What does CPR 54.1 identify as subject to judicial review?

• lawfulness of an enactment to conduct relating to a public function

What is the source of power test?

• examining where a body’s lethal powers originate

What did GCHQ 1985 establish?

• royal prerogative powers can be subject to judicial review

What is the Datafin principle?

• a body’s public functions may make it reviewable despite no statutory source

What happened in ex parte Datafin?

• the takeover panel was held amenable to judicial review

What did ex parte Aga Khan 1993 establish?

• regulatory power alone does not necessarily make a boy reviewable

Why was Aga Khan distinguishable from Datafin?

• the jockey club’s powers were not integrated into governmental regulation

What is the principle in O’Reilly v Mackman 1983?

• public law challenges should generally use judicial review procedures

What did ex parte Walsh 1985 establish?

• an essentially private law dispute is not ordinarily suitable for JR

What is Justiciability?

• whether an issue is suitable for determination by a court

What does Nottinghamshire CC illustrate?

• judicial restraint over certain politically approved policy decisions

What is an ouster clause?

• a statutory provision seeking to restrict or exclude judicial review

What did ex parte Gilmore 1957 establish ?

• a statutory finality clause does not automatically exclude judicial review

What is the principe in Anisminic 1969?

• an ouster clause did not protect a legally invalid determination from review