Q&As

Material considerations in judicial review. What is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

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Produced in partnership with Jamas Hodivala of Matrix Chambers
Published on LexisPSL on 15/10/2018

The following Public Law Q&A produced in partnership with Jamas Hodivala of Matrix Chambers provides comprehensive and up to date legal information covering:

  • Material considerations in judicial review. What is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed?
  • When is it an actionable ground of challenge?

A decision-maker must take into account all relevant matters, and must ignore irrelevant matters. The weight to be attached to such relevant matters is generally a matter for the decision-maker (R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council at para [70]).

‘Relevant considerations’ are those which the statute conferring the decision-making power either expressly or impliedly requires the decision-maker to take into account. In Associated Provincial Picture Houses Ltd v Wednesbury Corporation at para [228], Lord Greene MR stated:

‘If, in the statute conferring the discretion, there is to be found expressly or by implication matters which the authority exercising the discretion ought to have regard to, then in exercising the discretion it must have regard to those matters.’

When is it an actionable ground of challenge?

When a statute confers an obligation upon a d

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