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Preliminary Requirements - Coggle Diagram
Preliminary Requirements
1) Amenability
- As a general rule, only 'public law decisions' are amenable to judicial review.
- Most judicial review cases will involve a public body (e.g. central government department, local government, executive agency) carrying out a public function.
- A public law decision is '...a decision, action or failure to act in relation to the exercise of a public function' (CPR 54.1(2)(a)(ii)).
- This will be satisfied if a classic public body is exercising powers whose source is statute or secondary legislation (Datafin), or the royal prerogative (GCHQ).
- Otherwise, it is a matter of examining the nature of the power (Datafin), alongside the factors identified in key cases concerning self-regulatory bodies, and private companies who have had services 'contracted out' to them by public bodies.
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4) Time Limits
Is strictly applied and a claim must be filed 'promptly' and no later than 3 months after the grounds to make the claim first arose (CPR Part 54.5(1))
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CPR Part 54.5(2) states that time cannot be extended by agreement between the parties. However, it can be extended by the court pursuant to its general power under CPR Part 3.1(2)(a).
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3) Standing
An individual or organisation must have 'sufficient interest in the matter to which the application relates' (s31(3) Senior Courts Act 1981)
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Individuals (person or legal entity) - do not have to be directly affected by the issue. Can also include 'concerned citizen' [ex p Rees-Mogg].
Groups - can include associations/representative groups [Liverpool Taxi Fleet Operators' Association] (i.e. associations of individuals who are affected by a particular decision taken by a public body), and pressure groups [Fleet Street Casuals].
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