The court made an order for costs against the members of the Association on rejection of its request for permission to bring judicial review proceeds, even though he had found that the Association was not a legal person capable of bringing such proceedings. Auld J said: ‘The fact that I have found on the application to set aside that the Associations were not legal persons and that, therefore, the proceedings had to be set aside because they were not properly constituted, does not render all that went before a nullity or deprive them of the character of ‘proceedings’ for the purpose of the RSC. .’
Judges:
Auld J
Citations:
[1995] COD 128
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association QBD 13-Jan-1994
The court should distinguish the concepts of locus standi and capacity when considering applications for judicial review. An unincorporated association is not a legal person and may not seek Judicial Review. . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 15 May 2022; Ref: scu.276212