Standing

February 19th, 2021

In R (Good Law Project and 3 MPs) v SoS for Health and Social,Care (2021) EWHC 346 (Admin) Chamberlain J in procurement proceedings granted standing to the first claimant and refused it to the other three. At paragraphs 77-108 he stated general principles as regards standing for judicial review as follows :-

(1) The approach to the question of standing is generally “liberal”: para 96;

(2) A non-governmental organisation with genuine expertise and experience in the area of decision-making under challenge may have standing: ibid;

(3) However, the application of these general principles is acutely sensitive to context: para 97;

(4) In the particular context of challenges to individual procurement decisions alleging breach of the relevant procurement regime, the principles laid down by the Court of Appeal in Chandler v Camden LBC apply: paras 99-101.

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