Judicial Review – Amenability
JUDICIAL REVIEW – AMENABILITY
ISSUE: The issue is whether the body who the judicial review claim is against is amenable
and bound to the rules of judicial review.
ARTICULATE LEGAL TEST Bodies exercising statutory discretion and prerogative power
(GCHQ, Bancoult) are amenable to judicial review
PUBLIC BODIES = government, ministers, devolved
administration, local government
AUTHORITY FOR TEST GCHQ
Bancoult
DIFFICULTY WITH TEST The real difficulties are:
“de facto powers” (not really public bodies but they
should be treated like they are so this is problematic);
and
contracting out (the way the state is organised, and
change has made it less obvious which is a part of the
state, and which isn’t)
LEGAL TEST FOR NO If the body in question didn’t exist as a regulator, would the
STATUTORY government have to make one?
UNDERPINNING
AUTHORITY FOR TEST Datafin
COURTS BACKTRACK Religious bodies are not bound by the rules of judicial review
FROM DATAFIN Chief Rabbi
If the relationship is based on contract then it is not truly a
public body and it would only be appropriate to seek private
remedies
Disciplinary Committee of the Jockey Club
CONTRACTING OUT
LEGAL TEST FOR Contracted out decisions of the state are beyond the demands
CONTRACTING OUT of judicial review and cannot apply
AUTHORITY FOR TEST Servite Houses
COMPARE TO COUGHLAN – in Coughlan the NHS was a
public body but this was a public body (the council)
who contracted out with a private company (Servite)
JUDICIAL REVIEW – AMENABILITY
ISSUE: The issue is whether the body who the judicial review claim is against is amenable
and bound to the rules of judicial review.
ARTICULATE LEGAL TEST Bodies exercising statutory discretion and prerogative power
(GCHQ, Bancoult) are amenable to judicial review
PUBLIC BODIES = government, ministers, devolved
administration, local government
AUTHORITY FOR TEST GCHQ
Bancoult
DIFFICULTY WITH TEST The real difficulties are:
“de facto powers” (not really public bodies but they
should be treated like they are so this is problematic);
and
contracting out (the way the state is organised, and
change has made it less obvious which is a part of the
state, and which isn’t)
LEGAL TEST FOR NO If the body in question didn’t exist as a regulator, would the
STATUTORY government have to make one?
UNDERPINNING
AUTHORITY FOR TEST Datafin
COURTS BACKTRACK Religious bodies are not bound by the rules of judicial review
FROM DATAFIN Chief Rabbi
If the relationship is based on contract then it is not truly a
public body and it would only be appropriate to seek private
remedies
Disciplinary Committee of the Jockey Club
CONTRACTING OUT
LEGAL TEST FOR Contracted out decisions of the state are beyond the demands
CONTRACTING OUT of judicial review and cannot apply
AUTHORITY FOR TEST Servite Houses
COMPARE TO COUGHLAN – in Coughlan the NHS was a
public body but this was a public body (the council)
who contracted out with a private company (Servite)
