Locus Standi in UK Law

Leading Cases
  • Alipour v Ary
    • Court of Appeal (Civil Division)
    • 17 December 1996

    The vast majority of petitions to wind up a company are creditors' petitions. The Companies Court procedure on such petitions is ill-equipped to deal with the resolution of disputes of fact. There are no pleadings, there is no discovery and there is no oral evidence normally tolerated on such petitions, even though no doubt pleadings and discovery could be ordered and oral evidence received, and the Companies Court like any other court is perfectly capable of determining such disputes.

  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 April 1981

  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 July 1974

    It would, however, be inconsistent with the doctrine of ultra vires as it has been developed in English law as a means of controlling abuse of power by the Executive arm of Government if the judgment of a court in proceedings properly constituted that a statutory instrument was ultra vires were to have any lesser consequence in law than to render the instrument incapable of ever having had any legal effect upon the rights or duties of the parties to the proceedings ( c.f. Ridge v. Baldwin [1964] A.C. 40).

  • Re Bayoil SA
    • Court of Appeal (Civil Division)
    • 31 July 1998

    It is founded on the petitioner's inability to establish the locus standi to present a petition under what is now section 124(1) of the Insolvency Act 1986. The case of an undisputed debt with a genuine and serious cross claim is different, in that the dismissal or staying of the petition can only be a matter for the discretion of the court, albeit that its exercise may have been narrowed by authority.

  • Gouriet v Union of Post Office Workers
    • House of Lords
    • 26 July 1977

  • Arsenal Football Club Ltd v Ende
    • House of Lords
    • 28 April 1977

    Uniformity and fairness have always been proclaimed, and judicially approved, as standards by which to judge the validity of rates. Indeed I believe that many men feel a more acute sense of grievance if they think they are being treated unfairly in relation to their fellow ratepayers than they do about the actual payments they have to make. To produce a sense of justice is an important objective of taxation policy.

  • Deloitte & Touche AG v Christopher D. Johnson and Another
    • Privy Council
    • 10 June 1999

    Where the court is asked to exercise a statutory power, therefore, the applicant must show that he is a person qualified to make the application. He must also show that he is a proper person to make the application. It means that he has a legitimate interest in the relief sought.

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