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