Chapter 11 Notes on key legislation
Standing: litigation and the public interest
Senior Courts Act 1981 Section 31
- Provides that the court shall not grant leave to a claimant to seek judicial review ‘unless it considers that the applicant has a sufficient interest in the matter to which the application relates’ (s 31(3)).
- Part 3 (striking out)
- Part 24 (summary judgement)
- Part 40 (declaratory relief – 40.20)
- Part 44 (costs)
- Part 54 - Clarifies the judicial review procedure
- Defines a claim for judicial review
- Indicates the remedies available
- Outlines the need for permission
- Indicates the time limit
- Specifies procedures applying at the permission and substantive stages.
Local Government Act 1972 Section 222
- Establishes general access to court for local authorities.
- Section 6 makes it unlawful for a public authority to act incompatibly with a Convention right (unless primary legislation requires it)
- Section 4 provides for declarations of incompatibility
- Section 7(1) imports the ‘victim’ test for standing to bring a claim or mount a defence under the Human Rights Act 1998
- Schedule 1 Part 1 indicates the relevant rights and freedoms of the European Convention on Human rights.
European Convention on Human Rights
- Article 34 indicates the ‘victim’ test of standing applicable before an individual can bring a claim to the European Court of Human Rights
- Article 36 provides the test for intervention in cases before the Court.
EC Treaty (‘Treaty of Rome’, Consolidated Version)
- Article 230 indicates the strict standing requirements applicable before non-privileged applicants (everyone except the institutions of the EC) can get the European Court of Justice to review the legality of an act of an EC body
- Article 234 outlines the preliminary reference procedure.