Judicial Review AO1

(Human Rights)

Where are judicial review cases heard?

Kings Bench Division (KBD) in the High Court

What is reviewed?

Decisions of public bodies

(eg. The government, health/local authorities, police, prison)

How long does a client have to bring a case to court?

3 months

What do they need to have in order to bring the case?

‘Locus Standi’ - a sufficient interest in the case

Did the public body act…

‘Ultra Vires’ or unlawful?

What are the 3 grounds to seek JR?

Illegality

Procedural impropriety

Irrationality & Proportionality

Illegality means…

The decision makers have acted without or beyond their powers/misapplied the law

(Fulham/Miller)

Procedural Impropriety means…

The decision makers have failed to follow the correct procedures set out in the law

(Aylesbury Mushrooms)

Irrationality & Proportionality means…

A decision can be quashed if it’s unreasonable

(Wednesbury unreasonableness, Rogers- unreasonable&irrational)

What did the case of Wednesbury set out?

No reasonable body would have reached the same decision

What did the case of Youssef set out?

Balancing interests must be considered: Does the potential danger posed by the Claimant outweigh his liberties?

Youssef: it was not disproportionate to put him on sanction list

What remedies may be provided?

Quashing orders, prohibiting orders, mandatory orders, injunctions, declarations, damages (compensation)