What was the main outcome of the RV Panel of Takeovers and Mergers ex parte datafin 1987 QB 815?
Held: The Court of Appeal ruled that Panel had not acted unlawfully. In the case it was concluded that the panel was subject to judicial review.
What is the datafin principle?
The Datafin principle is the body exercising ‘pubiic power’? In considering whether decisions of the Panel were amenable to judicial review, the Court rejected the submission that the source of a body’s power is the sole test for determining amenability to judicial review.
What are the different grounds on which the courts review administrative action?
There are three main grounds of judicial review: illegality, procedural unfairness, and irrationality.
What is a public body in judicial review?
Judicial review is the primary judicial procedure by which individuals and firms can seek a remedy against abuses of power by public authorities. These bodies are, broadly speaking, those who are also ‘core public authorities’ for the purposes of the HRA 1998.
What is datafin test?
R v Panel on Take-overs and Mergers; Ex parte Datafin plc [1987] QB 815 is a UK constitutional law, company law and administrative law case of the Court of Appeal. It extended the scope of judicial review in English law to private bodies exercising public functions.
What is the Wednesbury principle?
A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).
What are the four grounds of judicial review?
In Council of Civil Services Union v Minister of Civil Service the grounds of judicial review were stated to be jurisdictional error, irrationality, procedural impropriety, proportionality and legitimate expectation.
Can judges overrule legislation?
It has often been suggested that judges are somehow able to ‘overrule’ legislation, for example if, exercising the power given to them by the Human Rights Act 1998, they declare that a particular law is incompatible with the rights and freedoms guaranteed under the European Convention on Human Rights.
What is a public function test?
Public-function test is a doctrine that is applicable for suits under 42 USCS ยง 1983. This is a legal principle which states that a private person’s actions constitute state action provided the private person performs functions which are traditionally reserved to the state.
