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The Court, applying the decision of the House of Lords in R. v. Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small Businesses Ltd. (1981), [1] held that the test for standing was whether the applicant had a sufficient interest in the subject matter, and not whether he or she had a specific legal right.
Note that legislation can impose shorter time limits while a court may hold that an application made in less than three months may still be not prompt enough. The applicant must have a sufficient interest in the matter to which the application relates. [4]: s. 31(3) This requirement is also known as standing (or “locus standi”).
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
While the court’s holding was narrow and limited to uncommon situations where the note and mortgage are separated, it is possible that borrower-defendants may seek to rely on the decision to ...
The High Court held that the WDM had a sufficient interest, and that too much money was spent on the dam. Rose LJ said the following: factors of significance in the present case: the importance of vindicating the rule of law... the importance of the issue raised... the likely absence of any other responsible challenger... the nature of the breach of duty... the prominent role of these ...
The court in Currie v Misa [1] declared consideration to be a "Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility". Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act.
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law.. The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session.