Standing in environmental judicial review and planning statutory challenges: the ‘sufficient interest’ test, NGOs, limits, funding, and Walton v Scottish Ministers
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Practice notes
Initially prepared in partnership with Alistair Mills of Landmark Chambers and subsequently updated by Freya Foster of Henderson Chambers.
The 'sufficient interest' test
While judicial review concentrates on whether a public body's decision, action, or failure to act is lawful, rather than, say, settling a quarrel between parties, an applicant (the claimant) must still demonstrate a sufficient interest (also called 'standing' or locus standii) in the impugned decision, act, or omission by the public body. That question concerns the court's jurisdiction, as opposed to any agreement by the parties attempting to bestow jurisdiction by consent; see, for example, paragraph 29 of R (Good Law Project) v Prime Minister. In practice, the court takes a generous view of standing, and it is rare for proceedings to fail solely on this ground. However, it does not follow that every member of the public may complain about any and all putative breaches of duty by a public body. To determine whether sufficient interest is made out, the court will look at the essence and real substance of the case advanced. That evaluation is case specific and turns on the circumstances put forward...
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Web page updated on 21/05/2026
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