CAL REVISION – UK
1. Is there an English concept which is comparable to the continental concepts
studied in this course?
Categorisation only important for judicial review!!!
Decision → unilateral by a body exercising public law functions ≠ bilateral and
consensual measures.
2. Contracts
Only private law contracts!!!
3. Principle of legitimate expectations
1) Procedural → not required, but administration promised it would follow a certain
procedure. LE honoured!
2) Substantive → favourable decision was promised but not given (Coughlan)
a. Civil servant made a promise while being incompetent, but the authority is
empowered (inter-vires). LE honoured!
b. Authority was not empowered (ultra-vires). LE not honoured, because legality
prevails (parliamentary sovereignty)!
4. Manifest unreasonableness + proportionality
Manifest unreasonableness → Wednesbury test. Measure will only be annulled if it is so
unreasonable that no reasonable person would agree with it. It goes beyond the reasonable
measures available to the administration. This ground does not apply where legality prevails!
It is an extremely cautious test to control administrative discretion.
Threshold for individual from low to high (GR, NL, FR, UK)
ECR → HRA! Proportionality applies (De Freitas). Also in EU law cases. Administration
must choose the mildest means available (i.e. least intrusive measure).
5. Principle of legality
Overarching but uncodified principle. Positive (authorities must act within the law, otherwise
ultra vires) + negative (law applies to everyone).
6. Which court will be competent to hear A’s claim
Judicial review? Not jurisdiction?!!! Judicial review is available as a means of challenging the
legality of decisions made by bodies exercising public law functions (Rule 54.1(2)(a)(ii)
CPR). Decisions + torts in combination with another action. Datafin → judicial review, if
public law functions/action with public law consequences. It is a litigation of last resort; to be
used only where there is no alternative remedy! Permission of the court is necessary (Rule
54.4 CPR). Administrative Court is the competent court!
7. Which type of administrative litigation?
1. Is there an English concept which is comparable to the continental concepts
studied in this course?
Categorisation only important for judicial review!!!
Decision → unilateral by a body exercising public law functions ≠ bilateral and
consensual measures.
2. Contracts
Only private law contracts!!!
3. Principle of legitimate expectations
1) Procedural → not required, but administration promised it would follow a certain
procedure. LE honoured!
2) Substantive → favourable decision was promised but not given (Coughlan)
a. Civil servant made a promise while being incompetent, but the authority is
empowered (inter-vires). LE honoured!
b. Authority was not empowered (ultra-vires). LE not honoured, because legality
prevails (parliamentary sovereignty)!
4. Manifest unreasonableness + proportionality
Manifest unreasonableness → Wednesbury test. Measure will only be annulled if it is so
unreasonable that no reasonable person would agree with it. It goes beyond the reasonable
measures available to the administration. This ground does not apply where legality prevails!
It is an extremely cautious test to control administrative discretion.
Threshold for individual from low to high (GR, NL, FR, UK)
ECR → HRA! Proportionality applies (De Freitas). Also in EU law cases. Administration
must choose the mildest means available (i.e. least intrusive measure).
5. Principle of legality
Overarching but uncodified principle. Positive (authorities must act within the law, otherwise
ultra vires) + negative (law applies to everyone).
6. Which court will be competent to hear A’s claim
Judicial review? Not jurisdiction?!!! Judicial review is available as a means of challenging the
legality of decisions made by bodies exercising public law functions (Rule 54.1(2)(a)(ii)
CPR). Decisions + torts in combination with another action. Datafin → judicial review, if
public law functions/action with public law consequences. It is a litigation of last resort; to be
used only where there is no alternative remedy! Permission of the court is necessary (Rule
54.4 CPR). Administrative Court is the competent court!
7. Which type of administrative litigation?
