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.

This entry was posted on Thursday, January 16th, 2020 at 12:57 pm and is filed under Judicial Control, Liability and Litigation. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.