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R v HM Treasury, ex parte Smedley

[1985] 1 QB 657

Case summary last updated at 08/01/2020 14:24 by the Oxbridge Notes in-house law team.

Judgement for the case R v HM Treasury, ex parte Smedley

P sought JR of a treasury (D) decision to pay money out of a consolidated fund to meet EC obligations without consulting parliament. P was applying in his own interest and that of all taxpayers and voters. The court held that P had standing but the challenge failed on its merits. 
 
Slade LJ: “there has been what Lord Roskill [in National Federation of the Self Employed] described at as a "change in legal policy," which has in recent years greatly relaxed the rules as to locus standi. Lord Diplock referred to a "virtual abandonment" of the former restrictive rules as to the locus standi of persons seeking prerogative orders against authorities exercising governmental powers. If the court had taken the view that [the] application was of a frivolous nature, the wide discretion given it by R.S.C., Ord. 53 would have enabled it to dispose of it appropriately.” 

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