judical review

• judicial review - hearing in admin court of kbd high court - judge reviews the lawfulness of a deciison or action
• judicial review is only used if there is no other effective means of challenging
• role of kbd admin court - review the case and see if law was applied correctly and correct procedures followed - if decided that a public body is refusing to do something it should or is doing something ultra vires
• ultra vires - beyond its power
• if an action is found ultra vires it will be declared void
• public body refusing to do something the court can order it to comply
• use of judicial review is only avalibel against a public body - exercising its function as a public body
• judicial review deals with public law - any private law must be dealth with under tort
• who can bring an action - person with an interest
• locus standi - c has a connection to case
• ultra vires must be brought to court within 3 months of original decision
• grounds - illegality - fairness - irrationality and proportionatality
• illegality - public body can only do what parent act allows them to do
• any action that is unlawful will then be declared void
• substantiaitve - beyond powers
• procedural - if not followed correct precedent
• fairness - public body should sue powers fairly - not be biased - given a fair hearing
• irrationality and proportionatality - decision could be considered irrational - wednesbury
• irrationality and hr - only needs to be proportionate - judge balence legitimate aim of state and individual aim
• procedural - ayelsbury mushrooms - not following procedure
• substantiatitive - r v secrertary of state - job centre v ann summers - allows something act didn't intend
• unreasonableness - wednesbury - rodgers v swindon trust
• remedies - given by court to rectify issue
• damages - compensation
• quashing order - overturning public bodys actions
• prohibiting order - stopping future events
• injunction - preventing from doing something
• mandatory order - court order making them follow the law
• decleration - makes a decleration of the law or rights of participants