header-logo header-logo

Challenging the balance of power (Pt 3)

11 April 2019 / Simon Parsons
Issue: 7836 / Categories: Features , Procedure & practice , Judicial review
printer mail-detail

In his final update, Simon Parsons considers the development of proportionality as a ground for judicial review

  • Has proportionality as a ground for judicial review overtaken irrationality?
  • Judicial review remedies.

The two previous articles in this series covered the judicial review process in relation to executive action and the possible grounds to challenge the public law decisions taken by public bodies (see NLJ 8 March 2019, p18 and NLJ 15 March 2019, p17). The focus here is on the development of proportionality as a ground for judicial review and whether it has overtaken irrationality.

Proportionality

In Council of the Civil Service Union v Minister for the Civil Service [1985] AC 374 (the GCHQ case) the House of Lords held that a public body’s decision may only be quashed if it abused its power (illegality), or if it failed to observe the basic rules of natural justice or it failed to act with procedural fairness (procedural impropriety), or if the public body’s decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll