1 / 9

Judicial Review and RSLs

Judicial Review and RSLs. John Linwood DR&L Department Trowers & Hamlins LLP Date 22 January 2010. Judicial Review & RSLs. Why it matters What it is Weaver – before and after. Grounds for Challenge. Ultra Vires Errors of law Errors of fact Considerations Reasonableness

zofia
Download Presentation

Judicial Review and RSLs

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Judicial Review and RSLs John Linwood DR&L Department Trowers & Hamlins LLP Date 22 January 2010

  2. Judicial Review & RSLs • Why it matters • What it is • Weaver – before and after

  3. Grounds for Challenge • Ultra Vires • Errors of law • Errors of fact • Considerations • Reasonableness • Legitimate Expectation (substantive or procedural) • Natural justice • Consultation

  4. Procedure • Pre-Action Protocol letter • 3 months limitation period • Application for permission • Acknowledgment of Service – 21 days (like defence) • Dismissal or directions • Hearing • Costs

  5. Tenant Consultation • Reasons for • Adequate and proper • At formative stage • Sufficient information and reasoning • Adequate time • Proper consideration

  6. Board Decisions – (1) Officers’ report to the Board • Facts • Legal advice • The big IF • Relevant considerations • Consistent application of policy • Procedure • Matter for decision

  7. Board Decisions – (2) The Board • Clear divide with officers • No bias or partiality • Clear minutes, separate for legally privileged matters • The decision itself • Reasons

  8. What RLSs need • Clear, well kept records • Clear, fair and relevant policies • Appropriate, documented procedures Audit trail to show: • Compliance with the above and law • Legitimate aim • Actions reasonable and proportionate

  9. Summary • Courts do not want to stop/prevent pragmatic decisions made in the interests of tenants and the RSL. • Document • Facts/law considered • Procedure followed • Decision itself • Reasons for it

More Related