Chapter 11 Notes on key legislation

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)).

Civil Procedure Rules

  • 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.

Human Rights Act 1998

  • 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.

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