Judicial review

It was established principle that in a case involving a challenge to a decision of a public body in relation to a contract, it was necessary to consider: (i) whether or not, and if so to what extent, the public body was exercising a public function in making the decision complained of; and (ii) whether, and if so to what extent, the grounds of challenge involved genuine and substantial public law challenges to the decision complained of, or whether, and if so to what extent, they were in reality private law challenges to decisions made under and by reference to the terms of the relevant contract. Further, in a case involving a challenge to a decision of a public body acting under a statutory power but in relation to a contract and in the absence of a substantial public function element, a claimant would nonetheless normally be entitled to raise genuine and substantial challenges based on fraud, corruption, bad faith and improper motive.