Judicial Review?
Peter Turtill
news:94accb08-861f-4dc9...@a4g2000prm.googlegroups.com...
On Sep 15, 10:06 pm, "Peter Turtill" <peterturt...@gmail.com> wrote:
> I need a template/copy of an application for a JR. I would change the
> wording to match my requirements. Anyone got a link to a previous JR
> please?
>
> pete
One would need to be completely au fait with the law covering the
matter to be reviewed. This would require the processes required by
law and the processes actually followed to be mapped out, identifying
any discrepencies or deviations. These would presumably need to be
more than trivial. It would not seem good enough just to say that the
official has made the 'wrong' decision. Judicial review is concerned
with the decision making process, not the final decision.
Alternatively one could try to show that the decision is outrageously
unreasonable. see:
http://en.wikipedia.org/wiki/Wednesbury_unreasonableness
I have two cases I need JR for but I am concerned about the link subject
above. One case involves having a Public Right of Way added to the
Definitive Map of Ipswich. The surveying authority has decided not to
proceed with the application as I may have other RoW in the area to add to
theDM and they want to wait until I have made those applications so all
maybe dealt with together to save duplicating the work. I have no new
applications to make near to this one and I have made that plain to them.
The second case involves a RoW that I have applied to have added to the DM
which has been unlawfully built upon. In fact the RoW has been destroyed in
the construction process and a new route, as yet unregistered, built in its
place which is up to 9 feet lower and now has steps which I and other
wheelchair users cannot travel over. Another route a few metres away has
been constructed for wheelchair users but both routes are off the original
line. The original line is important as the surveying authority were warned
the RoW existed and they used subterfuge to continue constructing Suffolk
New College. This issue has been running a few years now and has been
referred by me to the Government Office of the North East. They have ruled
quite wrongly in my opinion that SCC will not be hurried up as they have a
Rights of Way Improvement Plan!!! This is not relevant IMO.
It would be fair to say I am having second thoughts about seeking a JR now
as I am unsure of my grounds and I do not want to expend effort that could
be used elsewhere more productively. i.e. failure to get a JR would mean
much effort would be wasted as I have to write out and run my own cases.
pete