#17233 - Judicial Review - GDL Constitutional and Administrative Law

Judicial Review (‘JR’) is the practical implementation of the rule of law.

• Takes place primarily through the review of the actions of decision makers (Jowell).

• In particular ensures that decision makers do not act arbitrarily or ultra vires.

JR Remedies:

• These are residual – should you have any other remedy you should seek the other first.

• Quashing Order – sets aside public body’s decision

• Prohibition – requires public body to carry out its duties

• Mandatory Order – prevents public body from acting beyond its powers

• Declaration – set out the rights of the parties (Civil Procedure Rules ‘CPR’ 54.3)

• Injunctions – prevent a public body from acting on or enforcing a decision

• (Damages – where the public body has caused loss)

  • This is not a standalone right in JR, the Claimant must also have another cause of action

Reforms

• Traditionally, the different remedies were claimed from different courts

• On the basis of 1976 Law Commission Report 1978 reforms allowed you to seek any mix of remedies through a single form of application for JR.

• 1974 – 160 cases in this area, by 1982 – 685 cases, 2001 – 5, 298, 2010 – 10, 500 (ish)

Time Limits

• CPR 54.5(1)(b): JR must be brought promptly and in any case within three months. (other civil law limitation is 6 years)

  • This promptness requirement does not violate ECHR A.6 (Lam v UK (2001))

  • R (TV NI) v ITC (1991)– bidding for operating commercial television in Northern Ireland. Company turned down. Did not immediately bring case as was waiting for resolution of case from another disappointed bidder.

    • Brought within...