Judicial Review Cases
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- Created by: SHorner96
- Created on: 21-12-18 16:45
CCSU v Minister for Civil Service 1984
Set out grounds for challenge in judicial review
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R v Richmond-Upon-Thames 1992
Confirmed that a public body cannot act without legal authority
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Vine v National Dock 1957
Showed that a public body cannot sub-delegate (Dock instructed further committee to review employment).
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Carltona Principle
Carltona v Comissioners of Works 1943 - ministerial responsibility means minsters can sub-delegate to civil servants
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Local authorities can delegate decision making powers if they make a formal resolution to do so
s101 Local Government Act 1972
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It is a fettering of discretion to act under the dictation of another
Lavender & Sons v Minister of Housing 1970 - MOH sought advice of minister of agriculture for planning permission
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British Oxygen v Minister of Technology 1971
Public bodies cannot apply their policies too strictly - must always be willing to listen to anyone with something new to say
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Congreve v Home Office 1976
Using powers for an improper or unauthorised purpose - no authority to revoke cheaper TV licenses as money would be used for revenue (misuse of their power)
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Westminster Corp v LNWR 1905
Primary purpose test - public toilets
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Was the authority pursuing an unauthorised purpose which materially influenced the making of its decision?
R v ILEA 1986
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Irrelevant considerations
Roberts v Hopwood 1925 - wage overpayment 'feminist ambition'
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Padfield v Minister of Agriculture 1968
Irrelevant consideration - potential political embarrassment
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Anismic v FCC
Error of law - wrongly deciding claim for war damages
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Error of fact
R v Khawaja 1984 - mistaken illegal entry into the UK
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Picture Houses v Wednesbury 1948
The Wednesbury Principle - so unreasonable that no reasonable authority could have ever come to it
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Wednesbury update - outrageous in its defiance of logic or accepted moral standards that no sensible person could have arrived at it
CCSU v Minister for Civil Service 1984
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Wheeler v Leicester City Council
Used wednesbury unreasonableness to find ban on football club unfair
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R v Parole Board 2018
parole board found irrational not to enquire further before deciding to release John Worboys
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It is to be implied that parliament does not authorise the exercise of powers in breach of the rules of natural justice
Fairmount v SOS for Environment 1976
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An interest which leads to financial gain is a direct interest
Dimes v Grand Junction 1852
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R v Bow Street 1999
direct interest can be non-pecuniar where the decision maker is involved in promoting the same cause as a party to the case
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An indirect interest can interfere with natural justice
Porter v Magill 2002 (stated at press conference person would be liable) OR R v Barnsley 1976 (presence of market manager during tribunal decision)
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Decision makers have a duty to act in good faith and listen to both sides
Board of Education v Rice 1911
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McInnes v Onslow-Fane 1978
Established the three categories of claimant
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Example of forfeiture case
Ridge v Baldwin 1964
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Example of a legitimate expectation case
R v Liverpool Corporation 1972 (taxi license renewal)
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Example of applicant case
R v Gaming Board 1970
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Lewis v Heffer 1978
right to a fair hearing may not apply in cases where the decision is only preliminary
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Fairmount v SOS for Environment 1976
forfeiture claimaints should know the case against them and have the right to reply at each stage
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The law does not recognise a general duty to give reasons for a decision
R v SOS for Trade and Industry 2008
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R v Civil Service Appeal Board 1991
Exception from generally not giving a reason if the decision looks aberrant
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Every claimant is entitled to a hearing which is fair and reasonable in all the circumstances
Lloyd v McMahon 1987
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An oral hearing will only be given if it is deemed a fair requirement
R v Hull Prison 1979 (contesting hearsay evidence)
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Bates v Lord Hailsham 1972
rules of natural justice do not apply where the decision maker has a legislativ rather than judicial function, as delegated legislation will affect large numbers of the public
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Bradbury v London 1967
failure to comply with mandatory requirement (no public notice of school reforms)
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Failure to comply with directory requirement may not be a breach
Coney v Choyce 1975 (partial compliance with requirements)
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R v Devon Health Authority 2001
Mardon House resident assured lifelong home - consider previous policy, procedural expectation, substantive expectation - so unfair it would be an abuse of power.
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A substantive legitimate expectation will only arise where the public body concerned had made specific undertaking directed at particular individual or group
R v SOS for Home Department 2008
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O'Riley v Mackman 1983
Illustrates procedural exclusivity (Prisoners trying to use private law procedure)
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Where a claim is based on a mixture of private and public issues, the public element can be raised in private proceedings
Roy v Kensington 1992 (Doctor suing for pay)
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Principle of collateral challenge (Public law issue can be raised as defence in private proceedings)
Boddington v British Transport Police 1998 (Smoking on train, said by-law was unlawful
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R v Panel on Takeovers 1987
Datafin test - source of power and nature of power
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Sufficient interest - permission stage and substantive hearing
R v Inland Revenue 1982 (argument over paying tax, federation tried to get involved but did not have standing)
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R v Secretary of State for Foreign Affairs 1995
5 factors to consider for pressure group standing = uphold rule of law, importance of issue, absence of challenger, nature of alleged breach and role of pressure group.
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Finn-Kelcey v Milton Keynes 2008
The court can refuse a claim for JR if they feel there has been undue delay
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Courts can extend a time limit for claim, but only for good reason
R v Stratford-Upon-Avon DC 1985 (Delays in legal aid and environmental opinion)
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R v Dairy Produce 1990
Remedy can be denied even if case has a full hearing if the initial application was outside 3 months
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A case which is an example of a full ouster clause
Anisminic v Foreign Compensation 1969 (Clause nullified if decisions are ultra vires, as parliament would not have intended immunity from challenging this)
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R v Ostler 1977
Example of a case with a partial ouster clause - JR unobtainable if outside prescribed time
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The court can award damages in JR where the claimant is seeking other remedy, but damages could also have been awarded in a civil claim
R v Knowsley 1992
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Other cards in this set
Card 2
Front
R v Richmond-Upon-Thames 1992
Back
Confirmed that a public body cannot act without legal authority
Card 3
Front
Vine v National Dock 1957
Back

Card 4
Front
Carltona Principle
Back

Card 5
Front
Local authorities can delegate decision making powers if they make a formal resolution to do so
Back

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