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R v Foreign Secretary, ex parte World Development Movement [1995] 1 WLR 386

Country:
United Kingdom
  • Legislation granted the secretary of state power to make grants in support of overseas development projects.

  • He decided to make a grant in support of one that was clearly not economically viable, but where the grant would have protected the UK government’s credibility.

  • We are only concerned here with the question of standing: CA said that Plaintiff, a pressure group, had locus standi.

Rose LJ

  • The courts have taken an increasingly liberal approach to standing and he endorses what was said by Wilberforce (and Lord Fraser) in National Federation of Self-Employed about when the issue of standing often may need to be dealt with in the actual hearing.

  • A number of factors influenced Rose LJ’s conclusion that Plaintiff had standing:

    1. “The importance of the issue raised;

    2. “The likely absence of any other responsible challenger”;

    3. “The nature of the breach of duty against which relief is sought”;

    4. “The prominence of these applicants in giving advice, guidance and assistance with regard to aid” (they had advised parliamentary committees etc).

  • All these militate towards a finding that Plaintiff has sufficient interest within S.31(3) Supreme Court Act 1981.

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