Oxford BA: Judicial Review Exam Paper

The Department of Environmental Protection (DEP) has statutory power to grant licences for waste disposal facilities 'where satisfied that environmental standards will be maintained'. Following public consultation, DEP granted WasteCorp a licence for a new facility near Little Wickham village. The decision letter states: 'Having considered all representations, we are satisfied the facility meets required standards.' However, internal emails (leaked to the press) reveal that DEP's Chief Scientific Officer recommended refusal, citing 'significant risk to local water supplies', and that the Environment Secretary instructed officials to 'fast-track approval to support economic growth'. Three groups now seek judicial review: (i) Little Wickham Residents' Association; (ii) Sarah, who owns a house 200 metres from the proposed site; and (iii) GreenWatch, a national environmental charity. DEP argues the decision was properly taken following consultation, and that the leaked emails are privileged. Advise on the prospects for judicial review.

Critically evaluate the development of substantive review in administrative law. To what extent has the shift from Wednesbury unreasonableness towards structured proportionality analysis enhanced the protection of individual rights while maintaining appropriate respect for democratic accountability?

The Planning Appeals Authority (PAA) has power under the Planning Act 2024 to determine appeals against local planning decisions. Section 15 requires PAA to 'have regard to environmental impact, local community views, and economic considerations'. Marcus, PAA's Chief Executive, is a former director of MegaDevelop Ltd. When Riverside Council refused MegaDevelop's application for a shopping centre, the company appealed to PAA. The case was assigned to Panel A (three members), but Marcus reassigned it to Panel B, telling colleagues this was for 'administrative efficiency'. Panel B's chair, Jennifer, is Marcus's former university roommate. Panel B allowed the appeal, finding 'minimal environmental impact' despite a consultant's report warning of 'severe ecological damage to protected wetlands'. The decision letter stated: 'While environmental concerns were raised, economic benefits clearly outweigh these considerations.' Sarah, a local resident, and WildlifeFirst (a conservation charity) seek judicial review. During proceedings, evidence emerges that Marcus owns 500 shares in MegaDevelop Ltd. Advise on the prospects for judicial review.

To what extent has the expansion of standing (locus standi) in judicial review proceedings struck an appropriate balance between ensuring access to justice and preventing abuse of the judicial review process? Critically evaluate whether the current approach adequately serves the constitutional function of judicial review.