R v Foreign Secretary, ex p World Development Movement [1995] 1 WLR 386

Court: Court of Appeal (Civil Division)

Facts: Under the Overseas Development and Co-operation Act 1980, the Secretary of State had the authority to provide financial aid to foreign countries for promoting their development or maintaining their economies. The Foreign Secretary approved financial aid for a hydro-electric power station in Malaysia, despite concerns that the project was not a sound investment. The World Development Movement Ltd (WDM), a non-partisan pressure group, sought judicial review of this decision, arguing that the Foreign Secretary acted with improper purpose and that they had sufficient standing to challenge the decision.

Issue : Did WDM have sufficient interest/standing to challenge the decision? Did the Foreign Secretary act with improper purpose by granting aid for the hydro-electric project?

Held : Application granted. The court found that WDM had sufficient interest to apply for judicial review and that the Foreign Secretary acted illegally. The judgment highlighted factors relevant to assessing standing in judicial review applications. Additionally, it was determined that the Secretary's actions did not align with the purpose of the Overseas Development and Co-operation Act 1980.

💡LevelupLaw: This case emphasizes the importance of proper purpose in the exercise of statutory discretion, illustrating that government officials must operate within the confines of the powers granted to them by legislation. It also underscores the ability of non-partisan organizations to seek judicial review on matters affecting public interest.