Judicial Review

Doreen, a current licence-holder, is disgruntled by the decision to grant new licences, fearing such a massive increase in competition; she requests a hearing from the

Checklist   4 Students should be familiar with the following areas:

n the public/private law boundary – r 54 of the CPR, locus standi, time limits and amenability of bodies to review;

n procedural impropriety other than natural justice; mandatory/directory express requirements, for example, consultation;

n tests for the applicability of natural justice, including ‘legitimate expectation’; n the audi rule – what it will demand in different situations; when are legal

representation, witnesses, cross-examination or an oral hearing required? n the rule against bias – direct interests (Pinochet) and indirect interest; how the

test for the latter has been changed by the HRA (Porter v Magill (2002)); n illegality – fettering by policy, delegation, improper purpose, inferred purpose

or plurality of purposes; irrelevant considerations and concept of error of law; the effect of rulings that all such errors are reviewable; substantive legitimate expectations;

n irrationality – is this the same concept as ‘Wednesbury unreasonableness’?; critiques of the notion;

n remedies – basic knowledge, discretion to refuse, instances when certain remedies are inappropriate or will not lie;

n the impact of the HRA; the possible development of proportionality as a ground of review.