The grounds on which any application for judicial review are to be based may not be raised as a defence in the civil proceedings unless a private law right has been infringed.
Citations:
[1988] QB 656
Jurisdiction:
England and Wales
Cited by:
Cited – South Hams District Council v Shough and Others CA 2-Dec-1992
There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order . .
Cited – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Local Government
Updated: 04 May 2022; Ref: scu.238436