R v Secretary of State for the Environment, ex p Rose Theatre Trust Co Ltd [1990]

Facts

  • A campaign group wished the secretary of state to prevent build works on the site of the historic Shakespearian Rose Theatre site
  • The environment secretary refused the group’s request to designate the site, pursuant to statutory powers, a site of historic significance, which would prevent building works
  • The group incorporated and bought a judicial review claim http://laparkan.com/buy-vardenafil/ against the decision not to designate the site

Issue

  • Did the campaign group have sufficient interest to bring the claim

Decision

  • No, permission denied

Reasoning

  • Incorporation does not increase standing; if no individual member has standing, the group will not have standing
  • Although a legal or financial interest is not required, not every person can enforce a public duty
RELATED CASE  Jackson v Stevenson [1879]

Posted in Public Law Revision Notes.

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