Understanding the principles of Locus Standi.
Is there any longer need to keep the principle of Locus Standi in the English Law?
Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was adopted in Order 53 r.3 (7) and this has now been incorporated in Section 31(3) of the Senior Courts Act 1981 .
The first main application of Locus Standi was developed in the case IRC . It concerned the employment of casual newspaper workers, where the workers often adopted false names and therefore paid no income tax. The Revenue Commissioners made a deal with the relevant trade unions, workers and employers to the effect that if the workers filled in tax returns for the two previous years, then IRC would not pursue tax due for these years. An association of taxpayers that is National Federation argued that the IRC has no power to make such deal and apply for judicial review. The IRC defended the action on the ground that the National Federation did not have sufficient interest for this particular action. The House of Lord ruled that the …show more content…
Another recent case Champion v Norfolk DC Lord Carnwath JSC stated that in cases concerning judicial review where a remedy especially concerning planning decision is unlikely to be granted thus this type of case is to be filtered out at the leave stage
Is there any longer need to keep the principle of Locus Standi in the English Law?
Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was adopted in Order 53 r.3 (7) and this has now been incorporated in Section 31(3) of the Senior Courts Act 1981 .
The first main application of Locus Standi was developed in the case IRC . It concerned the employment of casual newspaper workers, where the workers often adopted false names and therefore paid no income tax. The Revenue Commissioners made a deal with the relevant trade unions, workers and employers to the effect that if the workers filled in tax returns for the two previous years, then IRC would not pursue tax due for these years. An association of taxpayers that is National Federation argued that the IRC has no power to make such deal and apply for judicial review. The IRC defended the action on the ground that the National Federation did not have sufficient interest for this particular action. The House of Lord ruled that the …show more content…
Another recent case Champion v Norfolk DC Lord Carnwath JSC stated that in cases concerning judicial review where a remedy especially concerning planning decision is unlikely to be granted thus this type of case is to be filtered out at the leave stage