McLaren v Home Office [1990]

Woolf
LJ distilled general principles applying to employment cases:
1.
Employees of public bodies should pursue their cases in the normal way outside
Ord 53.
2.
However JR could be used if public employee affected by a disciplinary body
established under statute or prerogative.
Provided
it had a sufficient public law element, Ord 53 could be used.
3. JR could also be sought by public employee if he
was attacking a decision of general application and doing so on Wednesbury grounds (eg GCHQ)
4.
Even where review not available because disciplinary procedures are purely
domestic, might still be possible for employee to seek declaration outside Ord
53 to ensure proceedings conducted fairly.
[Note
latent tension between this case and Roy.
This
case sees ordinary employment disputes as being litigated by writ outside Ord
53, with matters of more general importance raising Wednesbury issues brought by way of JR.
Roy sees actions as outside Ord 53 when private rights are involved, even
if some public law issues involved too.]