header-logo header-logo

Home Login E-newsletter About us
11 April 2019 / Simon Parsons
Issue: 7836 / Categories: Features , Procedure & practice , Judicial review
printer mail-detail

Challenging the balance of power (Pt 3)

© Copyright LexisNexis 2026. All Rights Reserved.

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
Copyright © 2026 LexisNexis
back-to-top-scroll