This is an extract of our Judicial Review document, which we sell as part of our Advanced Commercial Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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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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