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11 April 2019 / Simon Parsons
Issue: 7836 / Categories: Features , Procedure & practice , Judicial review
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Challenging the balance of power (Pt 3)

In his final update, Simon Parsons considers the development of proportionality as a ground for judicial review

  • Has proportionality as a ground for judicial review overtaken irrationality?
  • Judicial review remedies.

The two previous articles in this series covered the judicial review process in relation to executive action and the possible grounds to challenge the public law decisions taken by public bodies (see NLJ 8 March 2019, p18 and NLJ 15 March 2019, p17). The focus here is on the development of proportionality as a ground for judicial review and whether it has overtaken irrationality.

Proportionality

In Council of the Civil Service Union v Minister for the Civil Service [1985] AC 374 (the GCHQ case) the House of Lords held that a public body’s decision may only be quashed if it abused its power (illegality), or if it failed to observe the basic rules of natural justice or it failed to act with procedural fairness (procedural impropriety), or if the public body’s decision

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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