bits of law

Main Section

Public | Judicial Review

JR Claim: Preliminary Issues

Flash Card | Degree

Download Adobe PDF Icon

JR Claim: Preliminary Issues

[Flash Card 1 of 2]

  • Senior Courts Act 1981 (SCA) s31 / Civil Procedure Rules (CPR) Part 54


  • High Court permission to proceed: claim form / statements in support (full & frank disclosure) / served on defendant & interested parties

Public Body:

  • Private obligations of public authorities: employees contract not enforceable Walsh / office regulated by statute can Ridge v Baldwin - chief constable / Benwell - prison officer
  • Public functions of private bodies: decisions affected rights of citizens / duty to act judicially / source of power not only test of public function Datafin
  • Human Rights Act 1998 (HRA) s6: public authority / Beer: public body & authority synonymous


  • S31(3) SCA: sufficient interest
  • pressure groups: IRC sufficient gravity / Greenpeace / World Development Movement
  • S7 HRA: victim
bits of law

JR Claim: Preliminary Issues

[Flash Card 2 of 2]

Timing & Delay:

  • undue delay S31(6) SCA / promptly within 3 months 54.5 CPR
  • denied: detrimental to good administration Caswell / within 3 months but undue delay Hardy

Ouster Clauses:

  • presumption Parliament not intend to exclude review / protects valid decision / not a nullity Anisminic / time limit permitted Ostler

Exclusivity Rule:

  • contrary public policy to enforce public rights by private law O'Reilly v Mackman / exceptions: collateral issue / no party objects Roy
bits of law
This site is best viewed with style sheets (CSS) enabled and an up-to-date browser.