Chapter 10 Outline answers to essay questions

Essay Answer

The answer to this question can be broken down into three parts.

Introduction: identify the relevant concepts and issues raised by the question

In this part of your answer you should identify the key focus of the question which is whether judicial review is appropriate and abuse of process.

Definition of public law

You should begin by discussing Lord Diplock's speech in O'Reilly v Mackman especially where he talks about the development of judicial review and why it is important for public authorities. Why did Lord Diplock not define public law there and then? You should then go on to look at cases like Cocks v Thanet and Davy v Spelthorne in as far as they illustrate problems with defining public law.

The public/private law divide and the question of whether judicial review is appropriate

The key areas you should look at are:
the flexible approach adopted by Lord Woolf MR in Rye v Sheffield City Council [1998]; and
the current approach founded upon the key principles in Clark v University of Lincolnshire and Humberside [2000].

Refer to the issue of abuse of process. Reference should also be made to the Civil Procedure Rules, the court's case management powers, and the overriding directive.
You should be aware of current debates.