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CELE SQE1 模拟练习

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Mark Taylor, a professional tennis player, was banned by the Yorkshire Tennis Club (YTC) for match-fixing during the finals of the National Tennis Championship at Wimbledon. The Appeal Board of the English Tennis Association upheld YTC's decision, and Mark seeks judicial review of the Appeal Board's decision. The National Tennis Championship is a match of immense public interest and public importance. 


What, if any, would be the most appropriate remedy for Mark?

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The disciplinary function of the YTC would not be amenable to judicial review because its powers and duties are not governmental but derived from the contractual relationship between the club and its members. Judicial review is intended to oversee public bodies exercising public functions, not private associations. 


Key Point: Judicial review is generally limited to public bodies performing public functions. Private associations, such as sports clubs, operate under private law and their decisions are typically not subject to judicial review, as established in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993].

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