JUDICIAL review is available not only to citizens (individuals, corporations, trusts and so on) with grievances against government but also to government bodies with a grievance against another government body. To be entitled to seek a remedy by way of judicial review an applicant must have sufficient standing (or locus standi).1 The existence of the requirement of standing indicates that the law's primary concern is not, as such, to control government activity but rather to control it at the suit of persons affected by it in particular ways. The rules about standing need to be considered in relation to three types of judicial review actions: I shall call these private actions, public actions and hybrid actions.
We will discuss the distinction between public judicial review actions and private judicial review actions in detail later.2 Here an example will suffice: a challenge on public law grounds to a decision of a nongovernmental body, such as a trade union, the jurisdiction of which depended solely on contract,3 would be a private action. The only remedies which can be sought in private actions are private law remedies, that is (in the present context) declarations, injunctions, and damages. As a general rule, damages, as we will see, can only be sought in respect of wrongs recognized in private law; declarations and injunctions can also be sought in respect of public law wrongs, that is wrongs as defined by the rules establishing the grounds of judicial review such as breach of natural justice.4.
The requirement of standing only applies to actions in respect of public law wrongs. There are certain rules of private law which resemble____________________