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.
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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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