United Kingdom administrative law

United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest",^[1] within three months of the grounds of the cause of action becoming known.^[2] By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years.^[3]

Almost any public body, or private bodies exercising public functions,^[4] can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act.

Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case:^[5] (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably,^[6] (2) it violated a legitimate expectation,^[7] (3) failed to exercise relevant and independent judgement,^[8] (4) exhibited bias or a conflict of interest, or failed to give a fair hearing,^[9] and (5) violated a human right.^[10]

As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed (or certiorari), or it could ask for an order to make the body do something (or mandamus), or prevent the body from acting unlawfully (or prohibition). A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract.^[11]

^ Senior Courts Act 1981 s 31(3)
^ Civil Procedure Rules rule 54.5 claims can be made up to 'three months after the grounds to make the claim first arose', but the period can be shorter if legislation says so.
^ Limitation Act 1980 ss 2 and 5. But under s 11, the period is three years for personal injury or death, under s 11A ten years for defective products, and under s 15 twelve years to recover land.
^ R (Datafin) v Panel on Takeovers and Mergers [1987] QB 815
^ Different books and cases categorise the grounds to review administrative discretion differently, as do different fields of law such as directors' duties in UK company law, unfair dismissal in UK labour law or implied terms in English contract law. Lord Diplock in the GCHQ case said the grounds were "illegality", "irrationality" and "procedural impropriety". A Le Sueur, M Sunkin and J Murkens, Public Law Text, Cases, and Materials (3rd edn 2016) ch 16 follows this. It is often, however, unclear how a procedural requirement of the law can be separated from substance, and it was thought that "irrationality" is too restrictive. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2014) ch 24 now suggests substantive grounds, legitimate expectations and procedural grounds. In R (Baker) v Devon CC [1995] 1 All ER 73, 88, Sir Robin Cooke said 'The administrator must act fairly, reasonably and according to law. That is the essence and the rest is mainly machinery.' M Elliott and R Thomas, Public Law (3rd edn 2017) ch 12 generally follows this. Another categorisation of Lord Bingham, Rule of Law (2010) was 'Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purposes for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.' Contrast the Companies Act 2006 ss 171-177, codifying directors' duties.
^ Ridge v Baldwin [1964] AC 40 (following law). Padfield v Minister of Agriculture [1968] AC 997 (improper purpose), R v Home Secretary ex p Venables and Thompson [1998] AC 407 (irrelevant consideration).
^ Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 (unreasonableness loosely defined); Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (legitimate expectation rejected). R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213 (legitimate expectation upheld)
^ R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60 (independent judgement)
^ Porter v Magill [2001] UKHL 67 (bias). R v Bow Street Stipendiary Magistrate, ex p Pinochet (No 2) [2000] 1 AC 119 (possibility of a conflict of interest).
^ Human Rights Act 1998 ss 3-6
^ Senior Courts Act 1981 s 31(1)

[1] Senior Courts Act 1981 s 31(3)

[2] Civil Procedure Rules rule 54.5 claims can be made up to 'three months after the grounds to make the claim first arose', but the period can be shorter if legislation says so.

[3] Limitation Act 1980 ss 2 and 5. But under s 11, the period is three years for personal injury or death, under s 11A ten years for defective products, and under s 15 twelve years to recover land.

[4] R (Datafin) v Panel on Takeovers and Mergers [1987] QB 815

[5] Different books and cases categorise the grounds to review administrative discretion differently, as do different fields of law such as directors' duties in UK company law, unfair dismissal in UK labour law or implied terms in English contract law. Lord Diplock in the GCHQ case said the grounds were "illegality", "irrationality" and "procedural impropriety". A Le Sueur, M Sunkin and J Murkens, Public Law Text, Cases, and Materials (3rd edn 2016) ch 16 follows this. It is often, however, unclear how a procedural requirement of the law can be separated from substance, and it was thought that "irrationality" is too restrictive. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2014) ch 24 now suggests substantive grounds, legitimate expectations and procedural grounds. In R (Baker) v Devon CC [1995] 1 All ER 73, 88, Sir Robin Cooke said 'The administrator must act fairly, reasonably and according to law. That is the essence and the rest is mainly machinery.' M Elliott and R Thomas, Public Law (3rd edn 2017) ch 12 generally follows this. Another categorisation of Lord Bingham, Rule of Law (2010) was 'Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purposes for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.' Contrast the Companies Act 2006 ss 171-177, codifying directors' duties.

[6] Ridge v Baldwin [1964] AC 40 (following law). Padfield v Minister of Agriculture [1968] AC 997 (improper purpose), R v Home Secretary ex p Venables and Thompson [1998] AC 407 (irrelevant consideration).

[7] Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 (unreasonableness loosely defined); Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (legitimate expectation rejected). R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213 (legitimate expectation upheld)

[8] R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60 (independent judgement)

[9] Porter v Magill [2001] UKHL 67 (bias). R v Bow Street Stipendiary Magistrate, ex p Pinochet (No 2) [2000] 1 AC 119 (possibility of a conflict of interest).

[10] Human Rights Act 1998 ss 3-6

[11] Senior Courts Act 1981 s 31(1)

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