30 Questions
What is the first step in the procedure for judicial review?
Serving the claim form on the defendant
What must the claimant do before issuing the claim form in a judicial review?
Comply with the pre-action protocol
Who typically is the defendant in a judicial review case?
The public body or authority being challenged
What does the acknowledgment of service by the defendant confirm?
Receipt of the claim form and awareness of proceedings
Which party may file a defence and counterclaim in response to a judicial review claim form?
Only the defendant
What is the purpose of the pre-action protocol in judicial review cases?
To outline steps before issuing the claim form
What is the purpose of disclosure in judicial review cases?
To ensure both parties have access to all relevant information
When is a Prospective Quashing Order typically used in judicial review cases?
When the decision is likely to cause irreparable harm if implemented before court consideration
What does a Suspended Quashing Order do in a judicial review case?
Quashes the decision but delays setting it aside
What does a Mandatory Order require in a judicial review case?
To take a particular action or refrain from taking an action
In judicial review cases, when might a claimant be entitled to damages?
When loss is suffered due to unlawful decisions or actions
What is the primary purpose of judicial review procedures and remedies?
To hold public bodies accountable for their decisions and actions
Which Article of the Convention right is related to the freedom from torture, inhuman and degrading treatment?
Article 3
What is an exception to Article 2, the right to life?
Deprivation of life resulting from the use of no more force than is absolutely necessary
Which of the following is a qualified right?
Article 8
What type of right is Article 4, freedom from slavery, etc.?
Absolute
Which Article covers the liberty and security of the person?
Article 5
What type of right is Article 7, punishment according to existing law?
Absolute
What is prohibited by Article 2 of the European Convention on Human Rights?
The state from taking life
What is the positive duty of the state according to Article 2?
To protect life
What must be in place to deter the commission of offences against the person?
Effective criminal law provisions
In what circumstances may the authorities have a positive obligation?
When an individual's life is at risk from the criminal acts of another
What was decided in the case of Osman v United Kingdom?
The authorities have a positive obligation to take preventive operational measures
What did the European Court of Human Rights accept in the case of Tkhelidze v Georgia?
The police must make difficult operational choices
What is the primary characteristic of absolute rights?
They can never be interfered with in any circumstances whatsoever.
How do you distinguish between absolute and limited rights?
By seeing if the right lists exceptions that help define the right.
What is true about absolute rights and their exceptions?
Any conduct that falls within an exception does not constitute an interference.
Why is it challenging to distinguish between absolute and limited rights?
Because there is no authoritative list.
What is the primary difference between absolute and limited rights?
Absolute rights can never be interfered with, while limited rights can.
What is the purpose of categorizing rights into absolute, limited, and qualified?
To understand the scope of each right.
Study Notes
Judicial Review Procedure and Remedies
Judicial review is a legal process by which a court examines the lawfulness of a decision or action made by a public body or authority. The procedure and remedies available in judicial review cases are governed by various statutes and case law. This article will discuss the procedure and remedies in judicial review cases.
Procedure for Judicial Review
The procedure for judicial review involves several steps:
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Issuing a Claim Form: The first step in a judicial review is to issue a claim form, which is a document that sets out the grounds for the challenge and the remedy sought. The claim form must be served on the defendant, who is usually the public body or authority responsible for the decision or action being challenged.
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Pre-Action Protocol: Before issuing the claim form, the claimant must comply with the pre-action protocol. This protocol sets out the steps that the claimant must take before issuing the claim form, such as attempting to resolve the dispute through negotiation or alternative dispute resolution methods.
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Acknowledgment of Service: Once the claim form is served on the defendant, the defendant must acknowledge service of the claim form. This acknowledgment confirms that the defendant has received the claim form and is aware of the proceedings.
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Defence and Counterclaim: After acknowledging service of the claim form, the defendant may file a defence and counterclaim. The defence sets out the defendant's response to the claim and the counterclaim may set out any allegations against the claimant.
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Disclosure: Both parties must disclose all relevant documents in their possession or control that relate to the issues in the case. This is done to ensure that both parties have access to all relevant information.
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Hearing: The case is then listed for a hearing before a judge. The hearing may be a full trial or a shorter hearing, depending on the complexity of the case. At the hearing, both parties present their arguments and evidence, and the judge makes a decision.
Remedies in Judicial Review Cases
The remedies available in judicial review cases include:
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Quashing Order: This remedy quashes the decision or action being challenged and sets it aside. It is often used where the decision was unlawful or procedurally unfair.
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Prospective Quashing Order: This remedy quashes the decision being challenged and prevents it from being implemented in the future. It is often used where the decision is likely to cause irreparable harm if implemented before the court has considered the challenge.
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Suspended Quashing Order: This remedy quashes the decision being challenged but does not set it aside immediately. It is often used where the decision is likely to cause irreparable harm if implemented before the court has considered the challenge, but the court is not satisfied that it would be appropriate to grant a prospective quashing order.
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Mandatory Order: This remedy requires the defendant to take a particular action or to refrain from taking an action. It is often used where the defendant has failed to discharge a legal duty.
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Damages: In some cases, a claimant may be entitled to damages if they have suffered loss as a result of the unlawful decision or action.
In conclusion, judicial review procedure and remedies are crucial aspects of administrative law. The procedure involves issuing a claim form, complying with the pre-action protocol, and attending a hearing, while the remedies available include quashing orders, prospective quashing orders, suspended quashing orders, mandatory orders, and damages. These procedures and remedies ensure that public bodies and authorities are held accountable for their decisions and actions, and that individuals have recourse to the courts when their rights have been infringed.
Learn about the procedure and remedies involved in judicial review cases, where courts examine the lawfulness of decisions made by public bodies. Understand steps like issuing a claim form, pre-action protocols, acknowledgment of service, hearings, and available remedies such as quashing orders, mandatory orders, and damages.
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