Judicial review

• What is the primary function of judicial review?

  To challenge decisions of public bodies or those exercising public law functions.
• What is tested for public bodies in judicial review?

  The nature of power, which must be public law functions with public consequences.
• What are the case examples of public and private bodies in judicial review?

  • Public body: R v city panel on Takeovers
  • Private body: R v Jockey club
• What does section 6 of the Human Rights Act define?

  It defines those with 'functions of a public nature.'
• What is a notable case related to the Human Rights Act?

  R v Birmingham city council (2007).
• What are the types of remedies available in judicial review?

  • Ordinary remedies: injunctions, declarations, and damages
  • Prerogative remedies:

  1. Quashing: cancels unlawful decisions
  2. Mandatory: compels a body to act
  3. Prohibiting: prevents unlawful future actions
• What is the purpose of amenability in judicial review?

  To ensure the decision-maker is a public body.
• What must a claimant show to establish standing in judicial review?

  The claimant must show an interest in the matter.
• What are the grounds for review in judicial review?

  • Substantive: unreasonableness, illegality
  • Procedural: bias, fairness, legitimate expectation
  • Human rights: using ECHR
• How can remedies in judicial review be combined?

  They can be combined from ordinary and prerogative remedies under section 31.