10 Questions
What is the requirement for making an application for judicial review, as per Section 31(3) of the Senior Courts Act 1981?
Leave of the High Court
What is the meaning of 'Locus Standi' in the context of the standing requirement?
Assistance of courts in enforcing rights
Where is the concept of sufficient standing discussed?
House of Lords
Who expressed the view that there may be cases where the applicant for judicial review has no interest at all, or no sufficient interest to support the application?
Lord Wilberforce
At what stage is standing initially determined?
Permission stage
What is the purpose of determining 'sufficient interest' in legal cases?
To prevent irresponsible flooding of courts and harassment of public bodies
When is the issue of 'sufficient interest' usually determined in legal proceedings?
At the permission stage
In which scenario would a party usually be considered to have a 'sufficient interest'?
When their interests have been particularly affected more than others
What was the outcome in the R v Liverpool City Corporation, ex parte Ferguson (1985) case?
Entire communities were affected and the claimant's cases were allowed
What was the significance of the R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement Ltd (1995) case?
It highlighted the role of non-partisan pressure groups in challenging public law errors
Study Notes
Judicial Review Requirements
- To make an application for judicial review, Section 31(3) of the Senior Courts Act 1981 requires the applicant to have a sufficient interest in the matter.
Locus Standi and Sufficient Interest
- 'Locus Standi' refers to the standing requirement in legal cases, ensuring the applicant has a sufficient interest in the matter.
- The concept of sufficient standing is discussed in the context of 'Locus Standi'.
- Sufficient interest is determined to ensure the applicant is not a mere busybody, but rather has a genuine stake in the outcome.
Determining Sufficient Interest
- Standing is initially determined at the ex parte stage.
- The purpose of determining sufficient interest is to filter out frivolous applications and ensure only those with a genuine stake in the outcome can bring an action.
Party with Sufficient Interest
- A party is usually considered to have a sufficient interest when they can demonstrate a direct impact or a legitimate concern in the matter.
Case Law
R v Liverpool City Corporation, ex parte Ferguson (1985)
- The outcome of this case is not specified, but it relates to the concept of sufficient interest in judicial review applications.
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement Ltd (1995)
- This case is significant because it demonstrates that the court may take a broader view of sufficient interest, allowing organizations to bring actions even if they do not have a direct interest.
Learn about the requirements for judicial review applications and the concept of 'Locus Standi' as per Section 31(3) of the Senior Courts Act 1981. Understand the significance of a sufficient interest in the matter being reviewed.
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