Chapter 15 Self-test questions

A core public authority refers to:

obvious public authorities such as government departments and local authorities that are bound by the Human Rights Act 1998 in relation to all their functions.

the name given to government departments in judicial review cases

a body which performs public functions

A functional or hybrid public authority is a body that:

is an obvious public authority such as a government department or local authority.

is a body that carries out both private and public functions.

is a body that only carries out private functions

In the case of Aston Cantlow the House of Lords decided that a Parochial Church Council was not a core public authority under the Human Rights Act because:

the dispute in question did not concern a public law matter

the Church of England was a religious organisation.

the Parochial Church Council was not carrying out functions that affected the general public. If it were considered a core public authority it would be unable to bring a claim under section 7 of the Human Rights Act

The R v Panel on Takeover and Mergers ex parte Datafin and Another is a landmark case because;

the Court of Appeal decided that the source of the body's power was the key factor in deciding whether it was subject to judicial review.

the Court of Appeal decided that so long as a body did not have a contract with the claimant it could be subject to judicial review.

the Court of Appeal decided it was not the source of the body's power that determined whether it was subject to judicial review. The important factor was the nature of the body's power.

The test for standing in non-human rights judicial review cases is;

sufficient interest

indirect or direct interest

beneficial interest

The test for standing in human rights judicial review cases is:

sufficient interest

indirect or direct interest

victim

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