Law Notes Administrative Law Notes
Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by th...
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Procedure under Part 54 3
Beatson, Matthews and Elliott – Chapter 14 3
Permission to Proceed 4
Textbook 4
Manning, Salmon and Brown, Judicial Review Proceedings, A Practitioner’s Guide, Chapter 18 4
Beatson, Matthews and Elliott – Chapter 15 4
Statutes 6
Criminal Justice and Courts Act 2015, ss84-88 6
Critique 7
Parliamentary Joint Committee on Human Rights Report (HL 174 HC 868, 2013-2014), parts 2 and 6 7
Craig, UK, EU and Global Administrative Law: Foundations and Challenges, p 158-166 8
Standing 8
Textbook 9
Craig, Chapter 25 9
Beatson, Matthews and Elliott – Chapter 15 9
Cases 11
Summaries 11
Gouriet v Union of Post Office Workers (1978) 11
R v IRC ex parte National Federation of Self-Employed (1982) 12
R v HM Treasury ex parte Smedley (1985) 12
R v Felixstowe JJ ex parte Leigh (1987) 12
R v Secretary of State for the Environment ex parte Rose Theatre Trust (1990) 12
R v Secretary of State for Employment ex parte EOC [1995] 1 AC 1 12
R v Inspectorate of Pollution ex parte Greenpeace (No 2) (1994) 12
R v Secretary of State ex parte World Development Movement (1995) 13
R v Somerset CC ex parte Dixon (1997) 13
R (Bulger) v Secretary of State for the Home Department (2001) 13
R (Feakins) v Secretary of State for the Environment, Food and Rural Affairs (2003) 14
R (Al-Haq) v Secretary of State for Foreign and Commonwealth Affairs (2009) 14
Walton v The Scottish Ministers (2012) 14
Notes 14
Gouriet v Union of Post Office Workers (1978) (NOFL) 14
R v IRC ex parte National Federation of Self-Employed (1982) 15
R v HM Treasury ex parte Smedley [1985] QB 657 17
R v Felixstowe JJ ex parte Leigh (1987) (NOFL) 18
R v Secretary of State for the Environment ex parte Rose Theatre Trust (1990) 18
Cane, “Statutes, Standing and Representation” [1990] PL 307 (Comment on Rose Theatre Trust) 19
R v Secretary of State for Employment ex parte EOC (1993) 20
R v Inspectorate of Pollution ex parte Greenpeace (No 2) (1994) 20
R v Secretary of State ex parte World Development Movement (1995) 21
R v Somerset CC ex parte Dixon (1997) 21
R (Bulger) v Secretary of State for the Home Department (2001) (NOFL) 22
R (Feakins) v Secretary of State for the Environment, Food and Rural Affairs (2003) (NOFL) 23
R (Al-Haq) v Secretary of State for Foreign and Commonwealth Affairs (2009) (NOFL) 23
Walton v The Scottish Ministers (2012) 23
R. v. Social Security Secretary, ex parte Child Poverty Action Group [1990] 2 QB 540 25
*R. v. Foreign Secretary, ex parte Rees-Mogg [1994] QB 552 25
Articles 25
Summaries 25
Cane, 1995 25
Loveland 25
Schiemann, 1990 25
Schiemann, 1996 26
Harlow, 2002 26
Notes 26
Cane, ‘Standing Up for the Public’ [1995] PL 276 26
Loveland 28
Schiemann, “Locus Standi”, 1990 29
Schiemann, 1996 31
Law Comm 226, p41-44; 48-51 31
Standing under the HRA 32
BEATSON, MATTHEWS AND ELLIOTT – CHAPTER 15.7.7 32
Miles, “Standing under HRA 1998” 32
Summary 32
Notes 33
JRP – Judicial Review Proceedings
PLP – Private Law Proceedings (ordinary proceedings)
PLR – Private Law Right
CPR – Civil Procedure Rules
JR – Judicial Review
SCA – Senior Courts Act 1981
RoL – Rule of Law
PA – Public Authority
Origins of Judicial Review Procedure
Part 54 requires claimants to use the judicial review procedure if a prerogative remedy (Part 54 (2)) is sought, but can choose either the judicial review procedure or ordinary procedure if only ordinary remedies (Part 54(3)) are sought.
Procedure is designed to protect authorities against litigation that would unduly interfere with the discharge of their public functions:
Claimants must obtain leave of the court by applying ex parte to a Crown Office judge (Senior Courts Act 1981, s31(3); Order 53, r3(2))
Claimants must avoid delay and apply within three months unless there is good reason for non-compliance (Order 53, r4(1))
Courts often unwilling to resolve disputes of fact: reluctant to grant discovery (to allow applicants to check the accuracy of evidence relied on by minister) unless it’s false or inaccurate: R v Secretary of State for the Environment ex parte Islington LBC
Courts reluctant to allow cross-examination to test the accuracy of evidence by affidavit: Lord Diplock, O’Reilly v Mackman
Thus claimants often prefer ordinary procedures to judicial review, but this escape was sealed off by O’Reilly v Mackman
Nature of judicial review procedure
Part 54, Civil Procedure Rules came into force in 2000 and retained much of the old procedure:
Standing requirement (s31(3) SCA 1981)
Avoid delay and in any event within three months (CPR 54.5(1))
Changes:
Need to obtain leave remained, but a Pre-Action Protocol was introduced to require interaction between claimant and defendant before a claim is issued
Thus, many of the conditions restricting the availability of judicial review in Order 53 remained, as did much of the court’s reluctance to permit discovery and cross-examination:
CPR 54.1(2)(e) says that the judicial review procedure means Part 8, and CPR 8.1(2)(a)) says that Part 8 applies to claims that are ‘unlikely to involve a substantial dispute of facts’. On this basis, Sher v Chief Constable of Greater Manchester denied permission to seek judicial review of lawfulness of claimant’s arrest because it raised ‘potentially complex disputes of fact’
Disclosure is possible but not required unless the court specifically orders it (CPR Practice Direction 54A, para 12.1)
CPR won’t encourage greater disclosure because it was designed to save court time and speed up litigation (Cornford, 2005)
However, there is suggestion of a more liberal approach in cross-examination in human rights cases: R (Wilkinson) v Broadmoor Hospital allowed cross-examination to resolve a dispute of fact (claim concerned articles 2, 3, and 8 – medical treatment against claimant’s will)
R (N) v M said that Wilkinson shouldn’t be regarded as for routine application in all human rights cases, but it...
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Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by th...
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