Supreme Court says judicial review is available where alternative claims would not serve the same purpose (Re an Application by Noeleen McAleenon for Judicial Review (Northern Ireland)
Pubic Law analysis: This is an important decision by the Supreme Court in holding public law and regulatory bodies to account. The Supreme Court held that the Court of Appeal was wrong in its assessment of the claimant’s objective in bringing JR proceedings at too high a level of generality. The Court of Appeal had held that the claimant wished to achieve the result, via JR proceedings, of preventing noxious gases from escaping the refuse disposal site. The Supreme Court held that the immediate objective of the JR proceedings was a different one, to seek to compel the defendant regulators to carry out their public law duties, and not to seek direct relief from the site occupier. Written by Mirza Ahmad LLD (Hon), barrister at St Philips Chambers.
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