Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Whether the threshold for leave to apply for judicial review is a low one Incorporated and unincorporated associations – Whether the police officers’ association is an incorporated or an unincorporated association – Whether the police officers’ association is an entity which is known to law Illegality – Whether the decision of the commissioner of police to direct that the position of the chairman of the police officers’ association be vacated was in breach of the articles of incorporation of the association or of the rules of the association – Whether the decision of the commissioner of police was illegal.

Ultra vires – Doctrine of ultra vires – Whether ultra vires in the narrow sense – Whether the commissioner of police is authorized by statute to direct that the position of the chairman of the police officers’ association be vacated – Whether the commissioner of police acted ultra vires his statutory authority – Whether the decision of the commissioner of police is susceptible to judicial review
Natural justice – Whether there can be a procedural legitimate expectation that the rules of natural justice will be followed – Whether the decision of the commissioner of police was made in breach of the principles of natural justice and procedural fairness – Whether the decision of the commissioner of police is arbitrary and unreasonable and irrational
Judicial review – When proceedings appropriate – Availability of suitable alternative means of raising issue
Injunction – Application for the grant of an interim injunction – Application for injunctive relief made against the background of an application for leave to apply for judicial review – Whether jurisdiction to grant interim injunctive relief to preserve status quo pending the final determination of a claim for judicial review – Threshold test – Whether there is a serious issue to be tried – Balance of convenience – Whether the balance of convenience lies in favour of the grant of injunctive relief – Whether damages would be an adequate remedy
Remedies – Whether grant of injunctive relief – Whether award of damages
Costs – Whether a cost order should properly be made in the circumstances –The appropriate cost order to be made in the circumstances – The Constabulary Force Act, section 3(2)(a), The Judicature (Supreme Court) Act, section 49(h), Civil Procedure Rules, 2002, as amended, rules 17.1(1)(a) and 17.4, 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g).