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Jr Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Jr notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

JR

? = review of manner in which decision made i.e. process corrupted (NOT error of law and / or fact)

? applications brought in admin court (AC) office of QBD (HC) PARTIES AGAINST WHOM JR LIES

? crown only a nominal party
? JR lies against o public + quasi public bodies o inferior courts: mags'; coco (rare, usually appeal); election courts; coroners courts

o upper tribunal
? applications for JR of decision of upper tribunal o if upper tribunal refuses permission to appeal decision of first-tier tribunalmust bring claim within 16 days of notice to refuse permission to appeal (r54.7A(3))

LOCUS STANDI

? C must have "a sufficient interest in the matter to which the application relates" o ? direct / personal interest o ? general interest (pressure groups etc,) - depends on relationship between C + complainant; extent of C's interest; relief sought (less likely to be held to have standing if mandatory order) PUBLIC LAW Decision susceptible to JR

? = decision OR refusal by R to make decision
? decision must affect another person by altering private law rights OR depriving other person of benefit

? C CANNOT manufacture a 'decision' by engaging in correspondence with targeted R Issues of public law

? general rule o = abuse of process to bring ordinary claim (i.e. NOT to bring JR action) when public law rights infringed ? claim will be struck out

? exceptions (a) public law decision is collateral issue in private law claim (b) claim involving challenge to public law decision dominated by consideration of C's private law rights

(c) no party objects to matter being brought by ordinary claim (d) claim framed in tort, without raising live public law issue (e) validity of public law decision raised as a defence

GROUNDS

? procedural impropriety
? Wednesbury unreasonableness
? legitimate expectation (to benefit / right ? notice + reasons for withdrawal)
? illegality
? (apparent / actual) bias
? natural justice (know case against, no-one judge in own case, right to be heard) REMEDIES IN JR

? can claim following in alternative OR in addition to one another: (a) quashing order
? reverses decision; AND i. remits matter with direction to of inferior court, tribunal, PA to reach decision consistent with AC's finding; OR

ii. substitutes its own decision.if judgment subject to an appeal+ permission sought for quashing order ? AC may adjourn application until appeal determined+ permission granted for quashing order ? AC may stay proceedings to which JR claim relates (r54.10(2))

(b) mandatory order
? requires inferior court, tribunal, PA to carry out dutiesappropriate for wrongful INactiondisobedience = contempt of court

(c) prohibitory order
? restrains inferior court, tribunal, PA from acting outside jurisdictionN.B. cf quashing order, but to prevent wrong decision being taken in first place

(d) declaration
? decision of court on real Q of law OR rights, between parties with real interest in getting it resolveddiscretionarycan be granted against Crown

(e) injunction
? regulate future relationship between parties; ORspecial type: injunction restraining a person from acting illegally in public office (s30 SCA 1981) (r54.2)granted if just + convenient

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