A more recent version of these Judicial Review Illegality notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Constitutional and Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Con & Ad: Judicial Review - Illegality
- Definition: JR is the mechanism whereby courts able to scrutinise decision-making processes and legality of actions taken by public authorities
1. Amenability to Judicial Review?: only public law decisions made by public body amenable to JR (CPR Pt 54.1).
- 2-part test - R v Panel for Takeover and Mergers ex p Datafin, [Lloyd LJ]:
1. source of power?: if statute/subordinated legislation ? public body.
2. public law function?: substitutability test - would govt. have to set body up if didn't exist?
- application: regulatory agencies ? PB (R v ASA ex p Insurance Services; R v Bar Council ex p Percival). sporting bodies ? not PB (R v FA ex p Football League; R v Jockey Club ex p Aga Khan). religious bodies ? not PB (R v Chief Rabbi ex p Wachmann). contracting out: dep. on degree of statutory penetration / special powers. R v Servite Houses ex p Goldsmith: elderly residential home ? not public function (just contract). R (A) v Partnerships in Care: LA + private home regulated by statute ? public function. YL v Birmingham CC: private care home ? not public function.
- overlap with HRA 1998 public authority - Aston Cantlow, [Ld Hope]: overlap between 2 tests.
2. Procedural Exclusivity?: is claim abuse of process? (JR: stricter procedures than civil action).
- general rule: public law decision ? only JR may be used (O'Reilly v Mackman: Irish prisoner).
Buy the full version of these notes or essay plans and more in our GDL Constitutional and Administrative Law Notes.