Judicial Review and Locus Standi
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Questions and Answers

What is the requirement for making an application for judicial review, as per Section 31(3) of the Senior Courts Act 1981?

  • Approval of the Crown Court
  • Permission from the Magistrates' Court
  • Endorsement from the Supreme Court
  • Leave of the High Court (correct)
  • What is the meaning of 'Locus Standi' in the context of the standing requirement?

  • Judicial oversight of administrative decisions
  • Enforcement of copyright laws
  • Assistance of courts in enforcing rights (correct)
  • Legal protection for commercial interests
  • Where is the concept of sufficient standing discussed?

  • House of Commons
  • Supreme Court of the United States
  • European Court of Justice
  • House of Lords (correct)
  • 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?

    <p>Lord Wilberforce</p> Signup and view all the answers

    At what stage is standing initially determined?

    <p>Permission stage</p> Signup and view all the answers

    What is the purpose of determining 'sufficient interest' in legal cases?

    <p>To prevent irresponsible flooding of courts and harassment of public bodies</p> Signup and view all the answers

    When is the issue of 'sufficient interest' usually determined in legal proceedings?

    <p>At the permission stage</p> Signup and view all the answers

    In which scenario would a party usually be considered to have a 'sufficient interest'?

    <p>When their interests have been particularly affected more than others</p> Signup and view all the answers

    What was the outcome in the R v Liverpool City Corporation, ex parte Ferguson (1985) case?

    <p>Entire communities were affected and the claimant's cases were allowed</p> Signup and view all the answers

    What was the significance of the R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement Ltd (1995) case?

    <p>It highlighted the role of non-partisan pressure groups in challenging public law errors</p> Signup and view all the answers

    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.

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    Description

    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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