#14780 - List Of Questions - BPC Judicial Review

LIST OF QUESTIONS

Grounds:

1. Illegality

Decision not made with lawful authority

2. Irrationality

So unreasonable that no reasonable decision maker could come to it.

3. Procedural Impropriety

Breach of legitimate expectation

4. Proportionality

Breach of ECHR

Identify the decision under challenge

Identify the date of the decision (time limit is 3 months)

Cs standing

The legal framework which the decision was made – Source of decision makers power

Primary legislation

Delegated legislation

External policy and guidance

Internal policy/guidance

Case Law

C’s Locus Standi:

• Do they have sufficient interest?

• Direct interest – individual personally affected by decision.

Amenable to Review:

• What if any is the body to be reviewed?

• Is it a reviewable body?

• Are there any other interested parties?

Public Law Decision:

• What are the decisions which are to be challenged?

• Who made the decisions?

Authority of:

• When were they taken?

• Has a final decision been made?

• Are there any other routes through which the decision could be challenged?

• Internal Complaint?

• Is there an external complaint procedure?

• Are the decision(s) in question amenable to review?

• Is the jurisdiction of the Administration Court ousted by Act?

Effect of the decision on the client

Law

• What is the law which governs the decision under challenge and the way in which it should be approached?

• What are the “targets” for review? (Decisions/ refusals/ policies/ legislation?)

• Is any of the subsidiary legislation itself subject to challenge?

• Are there any human rights grounds?

• Specific research questions eg:

• What Statute/rules/caselaw/guidance govern this?

• What does statute/regs/guidance/case law have to say with regard to any of the questions above & below?

• Is the policy unlawful?

• Have they unlawfully withheld information?

Procedure

• Are there any procedural considerations, eg delay?

• Are there any further steps which the Claimant can take before applying for Judicial Review?

• Has the protocol been complied with?

• Are there any additional applications to be made?

Remedies

• What remedies could be sought?

• Mandatory Order

Obliges decision maker to do something

• Quashing Order

Nullifies decision makers decision

• ...