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Public authorities generally

Public authorities are constrained in their actions as they are required to act in accordance with their statutory objectives and duties. As Lord Templeman indicated in Hazell v Hammersmith and Fulham LBC:

‘…a local authority, although democratically elected and representative of the area, is not a sovereign body and can only do such things as are expressly or impliedly authorised by Parliament.’

Judicial review is a process, allowed for under CPR 54.1, by which the exercise of public functions is monitored and which makes the public authority accountable for their decisions, acts and omissions in the event that they have acted unreasonably and/or outside of their power. The key pre-requisites of a judicial review are that the defendant is a public authority and the action complained of has occurred when exercising a function public in nature. The complainant must have a sufficient interest in the matter, however, this test is applied in a liberal manner, and only so-called prerogative remedies are available (a quashing order, a prohibiting order or a mandatory order). Finally,