Lecture 3 - Standing and Judicial Review Procedure

Judicial Review

A legal procedure where a court reviews the lawfulness of a decision or action made by a public body.

Standing

The legal right to initiate a lawsuit, requiring a party to have a sufficient interest in the matter.

Procedural Filters

Mechanisms within judicial review to protect decision-makers from claims that are without merit.

Civil Procedure Rules - Part 54

Rules governing judicial review, including procedural requirements and protections for respondents.

Pre-action Protocol

An obligation for parties to attempt resolution through negotiation before initiating judicial review.

Permission Hearing

A preliminary court hearing where applicants must obtain permission to proceed with a judicial review.

Time Limits

Regulations determining the timeframe within which a judicial review application must be filed.

Discovery

The process of disclosing relevant documents in possession of the opposing party in legal proceedings.

Locus Standi

Another term for standing, referring to the right of an individual or group to bring a matter to court.

Sufficient Interest

The requirement that a party has a legitimate stake in the outcome of a judicial review case.

Exclusivity Principle

The rule stating that judicial review is the only remedy available against public bodies under specific circumstances.

Mandatory Order

A court order compelling a party to perform a specific action required by law.

Prohibiting Order

A court order that prevents a party from performing a specific action.

Quashing Order

A judicial order nullifying a decision made by a public authority.

Injunction

A legal order instructing a party to do or refrain from doing certain acts.

Substantial Hardship

A significant disadvantage or difficulty that may arise from granting or denying judicial relief.

Good Administration

The principle that public bodies should act efficiently and fairly in decision-making.

Judicial Review Claim

An application made to the court challenging the lawfulness of public authority decisions.

Public Authority

An organization or body that has been given authority by law to act in the interest of the public.

Pressure Group

An organized group that seeks to influence political decisions and legislation.

Judicial Discretion

The power of judges to make decisions based on their judgment and interpretation of the law.

Alternative Dispute Resolution

Methods for resolving disputes outside of traditional court litigation processes.

Heavy Burden of Proof

A significant obligation on parties to evidence their claims or defenses satisfactorily.

Public Trust

The collective confidence of the public in the integrity and transparency of public institutions.

National Federation Case

A pivotal case establishing the legal framework for demonstrating sufficient interest in judicial review.

Woolf CJ

Lord Woolf, a prominent figure in the development of civil procedure rules in the UK.

SCA s 31(2A)

A governing statute relating to the substantial differences in outcomes from judicial review claims.