The following Public Law Q&A provides comprehensive and up to date legal information covering:
Judicial review potentially permits challenges to a wide range of decisions, actions or failures to act in relation to the exercise of a public function. The circumstances and governing principles of judicial review are therefore numerous and complex. Whether a matter will be amenable to judicial review will depend on the subject matter and circumstances. That the defendant is a public body is not the only consideration.
Case law shows that in some instances a decision of a public body will not be amenable to judicial review, while some decisions of an apparently private body will be. Depending on the circumstances, private bodies performing quasi-governmental functions in the public interest may or may not find their decisions amenable to judicial review.
The court in R v Panel on Take-overs and Mergers, ex p Datafin plc, held the panel had to act judicially as they were performing some functions of a quasi-judicial nature. In contrast, in R v Football Association Ltd, ex parte Football League Ltd; Football Association Ltd v Football League Ltd, the court dismissing the appeal for judicial review held
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