In a judicial review application, the question of standing falls to be considered again in deciding whether the Court should exercise its discretion to grant relief: ‘The court must . . review at [the substantive] stage the question of sufficiency of interest and exercise its discretion accordingly. Whether this is properly called an investigation of locus standi or the exercise of discretion whether to grant [a remedy] is probably a semantic distinction without a difference. Personally I would prefer to restrict the use of the expression locus standi to the threshold exercise and to describe the decision at the ultimate stage as an exercise of discretion not to grant [a remedy] because the [claimant] has not established that he had been or was sufficiently affected.’
Judges:
Purchas LJ
Citations:
(1992) 4 Admin LR 121
Cited by:
Cited – Wildman, Regina (on the Application of) v The Office of Communications Admn 25-Jul-2005
The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 30 April 2022; Ref: scu.230362