P​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​ublic Law Judicial Review

  The Judicial Review question has a very structured approach to answering it. 1-Public Law Decision: Identify the decisions that can be challenged. 2-Public Body: Identify the decision maker as a public authority and thus amenable to judicial review. 3-Standing: Discuss whether the applicant has standing (applying case law). 4-Ground of Review: Identify and discuss which grounds (including subcategories of grounds) apply to the facts of the problem question, using precedent and evidencing these arguments with reference to the facts. 5-Remedies: Identify the remedies that should be applied for. 6-Conclusion: Sum up the likelihood of the applicant being successful in their judicial review application and identify the most persuasive grounds. The Question is : 1. The Local Environment Act 2019 (fictitious) allows local authorities ‘to manage recycling and disposal of waste in their area’. The Act requires the local authority to license recycling companies to operate in their area and to fine residents who do not comply with recycling rules up to £10,000. Newtown Council announce that all residents have a responsibility to recycle their rubbish and that they must separate their rubbish into paper, plastic and cardboard waste to be collected every week. If they do not comply with the new rules, they will be fined £10,000. However, to help residents to get used to the new process, the Council announce that they ​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​will not impose a fine on residents for the first six months of the policy. The policy comes into force in January 2021. Envirogreen Ltd is a recycling company that wish to operate in Newtown. They make an application for a license from the Council to operate in the area. To apply for a license, Newtown Council requires a £5,000 administration fee to consider the applications. Envirogreen Ltd pay the fee and submit their application to be considered by Newtown Council Environment Committee. Kevin is a local businessman in Newtown. He has heard of the new rules but has not taken much attention of what he needs to do so he continues to bin all his rubbish together without recycling. As Kevin is well known in the area, the Council believe that fining him will set an example to other members of the community as he can afford to pay the fine. After three weeks of no recycling in January 2021, he receives a letter from the council informing him that he has not complied with the new recycling rules and that he is fined £10,000 to be paid within 2 weeks. Newtown Council Environment Committee is chaired by Julie. The Committee has received applications from thousands of environment companies, and she is not able to make a decision on all applications. Therefore, she asks the Council officials to decide who should receive a license. The application by Envirogreen Ltd is rejected without reasons but they are informed that they can apply to get the decision reviewed by the Council. Advise Kevin and Envirogreen Ltd on how they could challenge the de​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​cisions .