Criminal Law
Identification of parties, recognition of cause of action, definition – 10 marks
Why JR is appropriate in this case? 10 marks
Does Health Action and Henry have the right to claim, and if so, why? 15 marks
Are there any policy reasons to refuse JR in this case? 10 marks
An explanation of basic JR procedure – 10 marks
Grounds for JR in this case – 30 marks
JR remedies – what are they? Which one is appropriate here? – 10 marks
What are the chances of success of this claim? 5 marks
Identify the parties to any legal action that may arise from the problem scenario (the claimant/s and the defendant) – 4 marks
Identify and define the cause of action in this case (in other words, define Judicial Review, in your own words) – 3 marks
Does the final sentence in the first paragraph of the problem scenario affect your advice on the most appropriate legal path? If not then why? – 3 marks
(Worth 10 marks)
In order to make a Judicial Review claim, two initial conditions must be satisfied – the defendant must be a public body, and the issue must be a public law matter.
Define what is meant by the term ‘public body’. – 2 marks
Is the defendant a public body, and if so, why? – 4 marksc) Is the issue in this claim a public law matter, and if so, why? – 4 marks
(Worth 15 marks)
Define who has the right to claim for JR and the legal basis that must be established when making a claim under JR. – 4 marks
Does Henry have the right to make a JR claim, and if so, why? – 4 marks
Does Health Action have the right to participate in the claim, and if so, why? – 4 marks
Discuss the relevance of the Greenpeace (R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994]) case to the right to claim in this instance – 3 marks
(Worth 10 marks)
Summarise, in your own words, the basic procedure involved in making a JR claim (see Week 22). – 10 marks
(Worth 30 marks)
In Weeks 23 and 24, we discussed the grounds for Judicial Review. Identify and briefly explain these three grounds, in your own words. – 15 marks in total, 5 marks per ground.
Of these three grounds, identify one which you believe is relevant to Henry’s case. Explain why this particular ground you have chosen is relevant, and use case law to justify your choice. Is the ground you have chosen a strong ground? – 15 marks
(Worth 10 marks)
Identify and define the 6 remedies that are available under Judicial Review, in your own words. – 6 marks
Of these 6 remedies, which one would you advise is the most relevant in this case? – 4 marks
(Worth 5 marks)
What is the chance of success of this claim (high, low, 50/50)? Justify/explain the rationale for this opinion. – 5 marks
