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BPTC Law Notes Judicial Review Notes

List Of Questions

Updated List Of Questions Notes

Judicial Review Notes

Judicial Review

Approximately 98 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...

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

LIST OF QUESTIONS

Grounds:

  1. Illegality

Decision not made with lawful authority

  1. Irrationality

So unreasonable that no reasonable decision maker could come to it.

  1. Procedural Impropriety

Breach of legitimate expectation

  1. Proportionality

Breach of ECHR

Identify the decision under challenge

Identify the date of the decision (time limit is 3 months)

Cs standing

The legal framework which the decision was made – Source of decision makers power

Primary legislation

Delegated legislation

External policy and guidance

Internal policy/guidance

Case Law


C’s Locus Standi:

  • Do they have sufficient interest?

  • Direct interest – individual personally affected by decision.

Amenable to Review:

  • What if any is the body to be reviewed?

  • Is it a reviewable body?

  • Are there any other interested parties?

Public Law Decision:

  • What are the decisions which are to be challenged?

  • Who made the decisions?

Authority of:

  • When were they taken?

  • Has a final decision been made?

  • Are there any other routes through which the decision could be challenged?

  • Internal Complaint?

  • Is there an external complaint procedure?

  • Are the decision(s) in question amenable to review?

  • Is the jurisdiction of the Administration Court ousted by Act?

Effect of the decision on the client

Law

  • What is the law which governs the decision under challenge and the way in which it should be approached?

  • What are the “targets” for review? (Decisions/ refusals/ policies/ legislation?)

  • Is any of the...

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