Section B

• Standing case

  • Senior courts Act 1981- sufficient interest definition
  • HM treasury v smedley - Tax payer, government, expenditure out of cosilidated funds and had Sufficient interest
  • IRC v National Federation of Small businesses - no sufficient interest
  • Rose Theatre case- pressure group, no standing
  • Inspectorate of pollution v Greenspace - Granting applications in terms of discharge of waste, Had sufficient interest
  • somerset county council v Fewings - Ban on deer, irrelevant consideration, CC did not have the power to do that
• Categories of standing

  1. Direct
  2. Associational
  3. public interest
• Justiciability

  • If it raises any legal questions which the courts can answer
  • If constitutional oversight is required and no more suitable bodies available
  • Nottinghamshire case - Secretary of state, guidance was lawful
• Ouster clauses

  • Anisminic v Foreign compensation comission - case
  • Landmark case
  • Establishing ouster clause
  • Foreign compensation Act
  • " A Determination by the commission of any application made to them under this act shall not be called into question by any court of law
  • Privacy international v investigatory powers - supreme court overturned the decision of the divisional court, Judges were forthright in preserving their rights of review
• Procedural impropriety

  • Correct procedure was not followed
  • Lord diplock-Failure to observe the basic rule of natural justice
• Procedural impropriety natural justice rules

  • Right to be heard by an unbiased tribunal
  • Right to have notice of charges of misconduct
  • Right to be heard in answer to those charges
  • Aylesbury mushroom case - Consultation paper work, Minister was establishing training boards
  • Ridge v Baldwin- Watch committee, chief constable dismissed, breach of natural justice - case
• Bias (procedural impropriety )


  Dimes v Grand junction - judges, shares

  Old test - R v Gough

  New test- porters v magil

  Whether a fair minded and informed observer having considered the facts would conclude that there is a possibility that the tribunal was biased
• Public Body case


  Datafin case - definition of sufficient ineterest

  Datafin principles - Certain regulatory bodies are subject to judicial review

  Case- Jockey club ex parte Aga khan - significant controller of national activity,no governmental role

  >sporting and religious bodies are not public bodies

  > If a body exercises the function of a public nature, then it is a public body

  case- Football association v football league
• Proportionality

  • Balancing competing aims and objectives
  • Case- Wednesbury case - no under 15 on sunday, was not so irrational that the courts had to intervene
  • Pham v SSHD- Vietnamese, terrorism, revoke British citizenship, Rights vs public interest
• Illegality

  Decision maker must not act illegally

  • White & collins v Minister of Health - Compulsory purchase order of 20 acres of land attached to an estate - Part of a park, not within the powers of the act
• Abuse of discretion

  case -Congreve v Home office- overlapping tv licences, no authority to revoke, improper exercise of discretionary power

  Case- somerset county council v fewings- Ban deer, statutory power, irrelevant consideration, not entitled to make decision
• Article 9

  freedom of thought conscience and religion

  R (williamson) v ss Education & Employment

  • A belief must satisfy some modest and objective requirements
  • >Be consistent with basic standards of human dignity or integrity
  • >Poseeses an adquate degree of seriousness and importance
  • >Be coherent in the sense of being capable of being understood
• interference with Art 9 and 10

  • Prescribed by law
  • Legitimate aim
  • necessary in a democratic society
• Article 9

  case -Begum v Denbigh High school - Sent home for wearing a jibab, not allowed back until she followed the uniform policy, uniform policy was compatible with art 9

  Case- Watkins singh v Aberdare Girls Highschool- Kara bracelet, punjabi and welsh heritage, was asked to remove it, school was unlawful

  case- Playfoot v Millais school -purity ring, celibacy, not a requirement of her faith, knew the school policy, prohibits jewellery
• Article 10

  • Freedom of expression
  • Protects expression and receiving imparting information without interference by public authorities
  • SSHD ex parte simms- Home secretary, freedom of prisoner to speak to journalist, ban
  • Political expression -case -Steel & Morris v united kingdom - protest, mcDonalds, 6 page leaflet
  • Political expression including matter of concern and public interest requires a high level of protection under art 10
• Prescribed by law

  R v Shayler (national security issue) - former member of security service, signed confidentiality, 30 documents to jornalist regarding national intelligence, restriction of art 10 rights justified
• legitimate aim / not necessary

  Sunday Times v united kingdom - Thalidomide, pregnant women, children had deformities, injunction to stop future publication, pursued a legitimate aim and prescribed by the law but not necessary in a democratic society
• case -British Broadcasting corporation v Secretary of state for justice

  • Arrested for possible terrorism
  • Sec of state said no interview with BBC
  • Courts quashed it
  • Interference with freedom of expression
• Nilsen v uk -case

  • Serial killer
  • Autobiography
  • Interference prescribed by law, legitimate aim
  • Protecting morals and rights of others