LPC Law Notes > Cambridge And Oxilp And College Of Law LPC Law Notes > Advanced Commercial Litigation Notes

Judicial Review Notes

This is a sample of our (approximately) 3 page long Judicial Review notes, which we sell as part of the Advanced Commercial Litigation Notes collection, a Distinction package written at Cambridge And Oxilp And College Of Law in 2016 that contains (approximately) 25 pages of notes across 8 different documents.

Learn more about our Advanced Commercial Litigation Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Judicial Review Revision

The following is a plain text extract of the PDF sample above, taken from our Advanced Commercial Litigation Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Advanced Commercial Litigation Judicial Review Applying for Judicial Review A claim for judicial review relates to the lawfulness of a decision made in public law. There are four grounds to establish judicial review:

1. Is the decision made by a public body?

2. Does the decision relate to the exercise of public functions/law?

3. Does the claimant have standing (i.e. direct personal interest, pressure groups or interested parties- CPR 54.1(1)(f))

4. Are the grounds satisfied:

Illegality - a public body is not allowed to act beyond its powers and covers ultra vires, misinterpreting the law, abuse of discretion, error of fact etc.

Irrationality - known as 'Wednesbury Unreasonableness' which relates to such unreasonableness that no reasonable authority would have made the decision.

Procedural Impropriety - this covers:

1. A failure to observe express procedural requirements (e.g. the right to be consulted/given notice)

2. A failure to observe the basic common rules of natural justice (e.g. duty to act fairly, bias etc.)

Procedure of Judicial Review Pre-Action:
- The pre-action protocols must be complied with and a 'Letter Before Claim' must be sent before the claim is commenced.
- Parties will have to balance the requirements to serve the claim form 'promptly' and the cost consequences of not complying with the PAPs


****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Advanced Commercial Litigation Notes.