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A disclaimer to start:
1. This is general information, not legal advice.
2. It's also a summary of a complex area for a general audience. I'm used to 3,000 words per opinion, not a few hundred characters.
3. I am not involved in this case personally.
4. Get a lawyer when needed.
1. This is general information, not legal advice.
2. It's also a summary of a complex area for a general audience. I'm used to 3,000 words per opinion, not a few hundred characters.
3. I am not involved in this case personally.
4. Get a lawyer when needed.
Judicial Review is, fundamentally, about public functions and how they are administered. Admin law isn't about the decision directly; its about process and protecting the public from Illegality, Irrationality, Procedural unfairness and a failure to meet a Legitimate expectation.
Appeals are also seen through the same lens:
1. The High court can grant permission to appeal, but usually doesn't.
2. Usually therefore, an Appeal requires an application to the Court of Appeal. To succeed, there must be a case 'with legal merit'.
1. The High court can grant permission to appeal, but usually doesn't.
2. Usually therefore, an Appeal requires an application to the Court of Appeal. To succeed, there must be a case 'with legal merit'.
That's not the same as saying an appeal will win! It's just not a case "totally without merit".
That appeal is heard by the Court of Appeal and there's a potential further appeal to the Supreme Court beyond that.
That appeal is heard by the Court of Appeal and there's a potential further appeal to the Supreme Court beyond that.
