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Judicial Review Notes

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Judicial Review Revision

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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

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