Who is “A Proper Person to be Heard”?

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Abstract:

Persons and organisations with an interest in the outcome of judicial review proceedings, though not themselves entitled to be parties to those proceedings (as a respondent or “person directly affected”), may sometimes be allowed to make representations at the hearing. This article looks at the rules as to who may be heard in such situations; the conduct of an individual in order to remain a proper person to be heard; the status and rights of such an intervener; the additional cost such an intervener may incur, and who may have to bear these costs; and the responsibilities of the court towards such persons. The article concludes by looking at the possible effect that the Human Rights Act 1998 will have on the future of such persons within judicial review cases.

Keywords: Human Rights Act 1998; Judicial Review; Ord. 53; Proper Persons

Document Type: Research Article

Publication date: June 1, 1999

More about this publication?
  • Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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