1. Introduction to Judicial Review & Standing

What is judicial review?

It's the main legal mechanism of accountability for public power. It's supervisory, not an appeal

What is the main question asked in judicial review?

Is the challenged decision or action lawful? It does not assess if it was a good decision

Who can bring a judicial review claim (standing)?

A claimant must demonstrate "sufficient interest" in the matter, as per S31(3) Senior Courts Act 198

What is 'standing' in judicial review?

It's the legal right (locus standi) to bring judicial review proceedings before the court

When is standing generally granted?

When a decision directly affects a person’s personal rights or interests, or for sufficient public interest

What counts as "sufficient interest"?

It's flexible, going beyond just personal interest, balancing rule of law and preventing "busybodies"

Can a group have "sufficient interest" for standing?

Yes, courts may grant standing to pressure groups or organisations for the public interest

What factors support "public interest" standing?

An arguable case, no other responsible challenger, significant public importance, claimant's genuine motivation or expertise

Give an example of a group granted standing.

Greenpeace was granted standing because its members were genuinely concerned and it was well-qualified

Is "sufficient interest" the same for human rights cases?

No, Human Rights Act 1998 s7 uses a narrower "victim" test, requiring actual affectation