R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Judicial Review ◽  
Small Businesses ◽  
Public Law ◽  
The Self ◽  
House Of Lords ◽  
Inland Revenue ◽  
National Federation ◽  
Liberal Approach

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals). This case concerns when and how an assessment of whether an applicant seeking to bring a judicial review should occur. Lord Diplock’s judgment provided a liberal approach to the assessment of standing. The document also includes supporting commentary from author Thomas Webb.

R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Judicial Review ◽  
Small Businesses ◽  
Public Law ◽  
The Self ◽  
Locus Standi ◽  
House Of Lords ◽  
Inland Revenue ◽  
National Federation ◽  
Liberal Approach

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as the Fleet Street Casuals case). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary from author Thomas Webb.

R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Judicial Review ◽  
Small Businesses ◽  
Public Law ◽  
The Self ◽  
Locus Standi ◽  
House Of Lords ◽  
Inland Revenue ◽  
National Federation ◽  
Liberal Approach

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary from author Thomas Webb.

R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)

2017 ◽  
Author(s):  
Thomas Webb
Keyword(s):  
Small Businesses ◽  
Public Law ◽  
The Self ◽  
House Of Lords ◽  
Inland Revenue ◽  
National Federation

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals). The document also includes supporting commentary from author Thomas Webb.

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ Case)

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
National Security ◽  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Case Note ◽  
House Of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary from author Thomas Webb.

16. Locus Standi

2021 ◽  
pp. 428-446
Author(s):  
Ian Loveland
Keyword(s):  
Small Businesses ◽  
Legal Limits ◽  
Locus Standi ◽  
Choice Of Procedure ◽  
House Of Lords ◽  
Short Period ◽  
National Federation ◽  
The Law ◽  
Practical Sense ◽  
The Way

This chapter focuses on the concept of locus standi, perhaps the most important way in which administrative law deals with the question of how to balance the protection of individual citizens’ rights and interests with the desire to ensure that government decision-making remains within legal limits and that government bodies (including the courts) are protected from vexatious litigants. It is organised as follows. The first section addresses the law that existed prior to the introduction of the Order 53 reforms in 1977 whilst the second covers the short period between the introduction of those reforms and the House of Lords’ decision in IRC v National Federation of Self-Employed and Small Businesses. The third section runs from the mid-1980s to the present day. The pervasive analytical concerns are to explore the way the law of locus standi interacts with the question of the choice of procedure issues which were addressed in chapter fifteen, and—more broadly—to assess how those two matters both singly and in combination structure in a practical sense the way our constitution gives effect to the various values inherent in theories relating to the rule of law and sovereignty of Parliament.

16. Locus Standi

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Decision Making ◽  
Small Businesses ◽  
Administrative Law ◽  
The Third ◽  
Legal Limits ◽  
Locus Standi ◽  
Government Decision ◽  
House Of Lords ◽  
Short Period ◽  
National Federation

This chapter focuses on the concept of locus standi, perhaps the most important way in which administrative law deals with the question of how to balance the protection of individual citizens’ rights and interests with the desire to ensure that government decision-making remains within legal limits and that government bodies (including the courts) are protected from vexatious litigants. It is organised as follows. The first section addresses the law that existed prior to the introduction of the Order 53 reforms in 1977 whilst the second covers the short period between the introduction of those reforms and the House of Lords’ decision in IRC v National Federation of Self-Employed and Small Businesses. The third section runs from the mid-1980s to the present day.

CONFIDENTIALITY AND PUBLIC AUTHORITIES: FUNDAMENTAL RIGHTS, LEGALITY AND DISCLOSURE FOR STATUTORY FUNCTIONS

2017 ◽  
Vol 76 (2) ◽  
pp. 253-256
Author(s):  
Oliver Michael Butler
Keyword(s):  
Small Businesses ◽  
Income Tax ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Fundamental Part ◽  
History Of ◽  
Inland Revenue ◽  
National Federation ◽  
The Uk ◽  
Vital Element

TAXPAYER confidentiality has a long history of protection in the UK. It is a fundamental part of the tax system. It has been considered invaluable by the executive for the efficient collection of taxation, protected by Parliament since the Income Tax Act 1799 and recognised by the courts as a “vital element in the working of the system” (Inland Revenue Commissioners v National Federation of Self-Employed and Small Businesses Ltd. [1982] A.C. 617, 633, per Lord Wilberforce).

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ Case)

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
National Security ◽  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Case Note ◽  
House Of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary from author Thomas Webb.

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ Case)

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
House Of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. The document also includes supporting commentary from author Thomas Webb.

The use and Enforcement of Soft Law by Australian Public Authorities

2014 ◽  
Vol 42 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Greg Weeks
Keyword(s):  
Judicial Review ◽  
Public Law ◽  
Soft Law ◽  
Private Law ◽  
Public Authorities ◽  
Regulatory Aspects ◽  
Highly Effective ◽  
Judicial Remedies

Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This article will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

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