Question
The government are concerned about football clubs forming regional breakaway leagues and parliament adopts the (hypothetical) Football Leagues (Locations) Act 2021 (the Act). The Act
The government are concerned about football clubs forming regional breakaway leagues and parliament adopts the (hypothetical) Football Leagues (Locations) Act 2021 (the "Act"). The Act empowers local authorities to license football clubs with a specific requirement to compete in national leagues, the determination of what constitutes a national league left to a local expert tribunal to be established by the local authority. Local authorities are also given the power to, after a four week consultation process, issue relocation and non-relocation notices to football clubs that want to relocate out of urban areas to more rural grounds.
Avon County Council establishes the South West National Football
League Tribunal (SWNFLT) constituted by five members, all of them directors on
the board of Bristol Academicals Football Club (BAFC). SWNFLT issue a decision
that a new powerhouse league is to be formed and limited regionally to the
South West called the Wessex Football League as Wessex was a nation before the
formation of England at the time of King Alfred the Great. There are no other
reasons for this provided in the notification. The SWNFLT issues a notice to
BAFC permitting the relocation of the ground outside the city and a second
notice to Bristol Wanderers Football Club (BWFC) refusing relocation. There is
no consultation undertaken, no reasons provided in the notice and no
opportunity to appeal. BWFC had already purchased the necessary land for
relocation and now BAFC offer to buy it for a quarter of the original purchase
value.
BWFC wishes to stay in the English Football League but Avon
County Council has now issued a notice that all football clubs within its
territorial boundaries must obtain a licence by September 2021 to play in the
Wessex Football League. Any club not obtaining a licence by then will be closed
down immediately.
Advise
Bristol Wanderers Football Club on any possible judicial review actions.
If there is uncertainty in the legal position, explain the
nature of the uncertainty and suggest of how it might be resolved
Address each issue separately
Use sub-headings to separate advice to each party or the area
of law you are discussing
If there is more than one party, you may wish to advise each
party separately or area of law separately
If there are missing facts from the problem question you should
point these out and explain their relevance
CPR Part 54.1(2)(a
https://www.lawteacher.net/free-law-essays/judicial-law/most-effective-and-appropriate-solution.php
https://www.legislation.gov.uk/ukpga/1981/54
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54
Does
the decision-making body exercise a "public function"?
Possible
claimants would have to seek the court's permission to apply
Step 2: does they have
standing?
Step 3: is there an
ouster clause?
Step 4: grounds of
challenge
1.Illegality
i.Narrow
ultra vires: lack of jurisdiction
i.Excess
of jurisdiction
a.Error of fact
b.Error of law
c.In which situations should the court
intervene?
1.Procedural
impropriety - duty to act fairly
1.Irrationality:
substantive review
Remedies
which information is missing? this question is about judiial reveiew
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