Capacity to Bring Claim

January 16th, 2020

In Aireborough Neighbourhood Development Forum v Leeds City Council (2020) EWHC 45 (Admin) there was a preliminary issue whether the Forum, an unincorporated association, had the legal capacity to make an application to make a statutory challenge to the LPA’s adoption of a Development Plan Document.  Lieven J held that it did have such capacity.  She addressed conflicting decisions on whether an unincorporated association can bring a judicial review claim. Lieven J held that an unincorporated association does have capacity to bring both a judicial review and a statutory challenge. She said that there is a critical distinction in this respect between private and public law litigation. In public law, the legal capacity of the claimant is not a critical component of the Court having jurisdiction.

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