Judicial Review – standing
JUDICIAL REVIEW – STANDING
ISSUE: The issue is if the individual, group, or body has standing to bring a judicial review
claim.
ARTICULATE LEGAL TEST “The court shall not grant leave to make … an application
unless it considers that the applicant has a sufficient interest
in the matter to which the application relates”
AUTHORITY FOR TEST Senior Courts Act 1981 s31 (3)
R v Inland Revenue ex Fleet street was home of newspaper printing industry
parte National Casual workers in this industry
Federation of Self In the 1970s it was well known and tolerated that
Employed and Small these workers preferred to be paid in cash in hand and
Business [1982] evade tax and this was a standard thing that all major
newspapers did
(Known as The Fleet Overtime government tolerance of this worn away
Street Casuals case) Deal that if they agreed with inland revenue public
authority the employers and employees to start acting
lawfully now then they will not investigate the
historical tax evasion (amnesty)
The national federation said that they could have
cheated tax for years so questioned why they weren’t
given an amnesty – arguing the deal was unfair
National federation doesn’t have sufficient interest in
this judicial review so had no standing
DICTA FROM FLEET “On what principle…is the sufficiency of interest to be
STREET CASE judged?”
- Lord Fraser
RECENT STATEMENT OF the question of sufficient interest, involves (at least)
A TEST consideration of the following factors:
(1) The merits of the underlying claims;
(2) The particular legislative or other context of the claim
being made;
(3) How, if at all, the claimant might be affected by the
unlawfulness alleged;
(4) The gravity of the allegations or findings made;
(5) Other possible claimants; and
(6) The position of the actual claimant
Recent distortion of the test - If you have a good
argument they the courts are more likely to say that
they have standing
JUDICIAL REVIEW – STANDING
ISSUE: The issue is if the individual, group, or body has standing to bring a judicial review
claim.
ARTICULATE LEGAL TEST “The court shall not grant leave to make … an application
unless it considers that the applicant has a sufficient interest
in the matter to which the application relates”
AUTHORITY FOR TEST Senior Courts Act 1981 s31 (3)
R v Inland Revenue ex Fleet street was home of newspaper printing industry
parte National Casual workers in this industry
Federation of Self In the 1970s it was well known and tolerated that
Employed and Small these workers preferred to be paid in cash in hand and
Business [1982] evade tax and this was a standard thing that all major
newspapers did
(Known as The Fleet Overtime government tolerance of this worn away
Street Casuals case) Deal that if they agreed with inland revenue public
authority the employers and employees to start acting
lawfully now then they will not investigate the
historical tax evasion (amnesty)
The national federation said that they could have
cheated tax for years so questioned why they weren’t
given an amnesty – arguing the deal was unfair
National federation doesn’t have sufficient interest in
this judicial review so had no standing
DICTA FROM FLEET “On what principle…is the sufficiency of interest to be
STREET CASE judged?”
- Lord Fraser
RECENT STATEMENT OF the question of sufficient interest, involves (at least)
A TEST consideration of the following factors:
(1) The merits of the underlying claims;
(2) The particular legislative or other context of the claim
being made;
(3) How, if at all, the claimant might be affected by the
unlawfulness alleged;
(4) The gravity of the allegations or findings made;
(5) Other possible claimants; and
(6) The position of the actual claimant
Recent distortion of the test - If you have a good
argument they the courts are more likely to say that
they have standing
