Judicial Review

Judicial Review Cases
Created May 1, 2012
by Ishbel
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Fleet Street Casuals Case
StandingTo have standing in Judicial Review, you must be able to distinguish yourself from...
Rose Theatre Trust Case
StandingFor an association to have an interest, at least one member of the association must...
R (Bulger) v Secretary of State for the Home Department
StandingA low threshold for standing in judicial review may be appropriate where there is no...
R (Feakins) v Secretary of State for the Environment, Food and Rural Affairs
StandingStanding may be given to anyone with a serious issue to argue where a useful purpose...
R (Greenpeace) v Inspectorate of Pollution
StandingTo prove a diffuse interest, an association must:Be able to prove a personal interestHave...
R v Richmond Council ex parte McCarthy and Stone Ltd
Simple Ultra ViresNo charge can be made without express statutory permissionEven though...
Hazell v Hammersmith Council
Simple Ultra ViresPowers of a local authority include both those expressly permitted...
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs
Simple Ultra ViresForcible removal of inhabitants could not be justified under...
Bromley LBC v GLC
Simple Ultra ViresAn obligation to provide an "efficient and economic" transport...
Carltona v Commissioner of Works
Wrongful DelegationIt is generally acceptable for a minister to delegate his powers to civil...
Barnard v National Dock Labour Board
Wrongful DelegationA statute which authorises one level of delegation does not therefore authorise further...
Simms Motor Units Ltd v Minister of Labour
Wrongful DelegationWhere a discretion is granted to a subordinate officer, it may not be taken...
Lavender & Son Ltd v Minister of Housing
Wrongful DelegationWhere a statutory duty is vested in one minister, the may not adopt a policy...
Porter v Magill (IP)
Improper PurposePowers must be use for the reasons for which they were conferred, not for political...
Congreve v Home Office
Improper PurposeUnlawful to use statutory powers as a means of extracting money which Parliament...
Westminster Corporation v London and North Western Railway Co. (1905) <- use with caution
Improper PurposeWhere exercise of a power fulfils the purposes for which the power was given,...
Padfield v Minister for Agriculture
Fettering DiscretionWhere a minister has a statutory power to decide whether complaints are...
R v Home Secretary, ex parte P and Q
Fettering DiscretionA decision-maker may adopt a general policy which will be applied in the...
R v Home Secretary, ex parte Venables (FD)
Fettering DiscretionA decision-maker may not have a policy that certain applications will always...
R v Home Secretary, ex parte Venables (EL)
Error of LawA decision-maker must direct itself correctly on the law.Home Secretary incorrectly...
Education Secretary v Tameside Council
Error of LawA power to intervene where an authority is acting "unreasonably" means "so unreasonably...
Audi alterem partem
Right to a fair hearing
Nemo judex in causa sua
None should sit in judgement of his own cause
Ridge v Baldwin
HearingsEven where there is no statutory duty to give a hearing, the gravity of a decision...
Cooper v Wandsworth Board of Works
HearingsCourts apply a "sliding scale" in deciding whether a hearing should have been given.Cooper's...
Porter v Magill (B)
BiasThe test for bias is whether the fair-minded and informed observer, having considered the...
Dimes v Grand Junction Canal Properties
BiasWhere there is any pecuniary interest, a judge must recuse himself.
R v Sussex Justices ex parte McCarthy
BiasThe application of the rules on bias is much stricter than the sliding scale approach given...
R v Bow Street Magistrate ex parte Pinochet
BiasA judge must recuse himself where the decision of a case would affect the promotion of...
R v Secretary of State for the Home Department ex parte Doody
ReasonsIt comes down to whether it is fair and just in the circumstances to give reasons. A...
R v Secretary of State for the Home Department ex parte Fayed
ReasonsWhere giving reasons would disclose matters not in the public interest, the decision...
A-G for Hong Kong v Ng Yuen Shiu
Procedural Legitimate ExpectationsBy announcing that hearings will take place, an authority...
R v North and East Devon Healthy Authority ex parte Coughlan
Substantive Legitimate ExpectationsDecision must be of great importance to the individual,...
Alesbury Mushrooms Case
Statutory ProcedureWhere a body mentioned in statute was not consulted, the decision may invalidated...
R v Brent LBC ex parte Gunning
Statutory Procedure 1. If a legal duty to consult exists in statute, the local authority must...
R v Wainwright
Statutory ProcedureIf it's clear that a decision would have been the same had statutory procedure...
R v Hillingdon Council
Statutory ProcedureWhere an authority fails to perform a duty required by statute, they may...
R v Deputy Governor of Parkhurst Prison ex parte Hague
Even if an individual succeeds in judicial review, this does not necessary entitle...
Associated Picture Houses v Wednesbury Corporation
Wednesbury Unreasonableness (Irrationality)Irrationality means a decision is so unreasonable...
R v Somerset Council Council ex parte Fewings
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)A consideration which is...
R v Secretary of State for the Environment ex parte Nottingham Council Council
Wednesbury Unreasonableness (Irrationality)The courts can apply the higher threshold of Wednesbury...
Wheeler v Leicester City Council
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)An authority cannot use its...
Padfield v Minister of Agriculture (WU)
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)It is for the courts to decide...
Tesco Stores v Secretary of State for the Environment
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)Anything which is not clearly...

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