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Admin Law - Essay Example

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Firstly, an action for judicial review can only be brought against the decision of a public body, not a limited liability corporation.1 The “limited…
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Admin Law
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Download file to see previous pages tion that has taken over the function of the Spelsbury District Council has moved from the status of “state” to “person”, which are the only two groups in society that are assumed under the European Convention of Human Rights, which aims to protect the rights of “people” from the “state”. Thus, when a judicial review process is considered, the Spelsbury Council would clearly fall under the category of “state” and Tracy would be “person” whose rights have to be protected. However, since the limited liability1b aspects impart the status of personhood upon such corporations that enjoy its benefits, therefore the Directors of the new company would be absolved of responsibility for civil actions against them because the corporation itself would be considered a person, just like Tracy, thereby blurring the distinction that allows a judicial review process to proceed against a clearly defined public body. However, since the limited liability company has been set up to carry out a public function that was originally carried out by the Spelsbury District Council and for the benefit of the public, it is likely that the courts may be amenable on this aspect of the case and Tracy may be allowed to seek permission from the High Court to ask for a judicial review of the decision.2
Section 31 of the Supreme Court Act of 1981 governs the judicial review process in England, whereby the question of permission being granted by the High Court may be subject to whether the Court “…….considers that the applicant has a sufficient interest in the matter to which the application relates.”3 In the case of R v Inland Revenue Commission ex parte national Federation of Self Employed4 Lord Wilberforce set out three separate criteria on deciding whether sufficient interest exists and one of these was the relative positions of the defendant and the plaintiff and the nature of the breach that is alleged to have been committed.
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