5. Illegality Flashcards
AG v Fulham Corporation
Ultra vires
Power to provide wash houses does not empower local authority to set up laundry service in which residents paid employees of authority to wash clothes for them
Westminster Corporation v London and NW Railway
Power build public toilets could also be used to build a subway and a right to access those toilets
Leech (No 2)
Prison rules ultra vires in permitting all letters to be read
Witham
Lord Chancellor’s decision to set court fees at £500 was ultra vires
Anufrijeva
Regulations which provided that asylum seeker’s entitlement to income support was to end on date on which claim for asylum was determined interpreted as bringing entitlement to an end only once determination had been communicated to asylum seeker
Anisminic
Error of law
Compensation Commission had made error of law in not awarding A compensation after company in Suez nationalised
Page
Errors of law not reviewable where
- Error not decisive to decision
- Involves special system of rules
- Power granted capable of broad interpretation
White and Collins
Error of fact - precedent facts
LA had mistakenly failed to realise land compulsorily purchased for redevelopment was parkland
Tameside MBC
Error of fact - no evidence for a fact
SS had no evidence to support contention that reintroduction of grammar schools would have injurious effect on education of children
E v SS for Home Dpt
Error of fact - ignorance or mistake as to established fact
- Mistake as to existing fact
- Fact/evidence must have been established, i.e. uncontentious
- Appellant not responsible for mistake
- Mistake played material part in bringing about decision
Fewings
Abuse of discretion - relevant and irrelevant considerations
- Mandatory factors
- Prohibitory factors
- Discretionary factors
Venables
Public outrage is a prohibitory factor
Roberts v Hopwood
LA fails to consider the interests of ratepayers – a relevant factor
Barry
LA’s consideration of its own resources was relevant factor
Tandy
Availability of financial resources held to be irrelevant factor in deciding whether to cut the hours of teaching for children who by reason of illness would not otherwise have received it
Padfield
Abuse of discretion - improper purpose
Fear of being embarrassed by unfavourable report is an improper purpose for minister’s refusal to refer a complaint to a committee of investigation
Congreve v Home Office
Abuse of discretion - improper purpose
Implied purpose of power to revoke TV licenses not to raise revenue but ensure that such licenses are not wrongly used/obtained
Miranda
Court rejects claim of improper purpose when M stopped and questioned by police under terrorism act 2000, Sch 7
Fire Brigades Union
Retention of discretion- fettering
HS had fettered his discretion by refusing to consider whether to bring statutory criminal injuries compensation scheme into force
Brent LBC
Retention of discretion-fettering of discretion
Minister entitled to have policy - mind must not be ‘empty’, though must be kept ajar
A, D, and G
Retention of discretion- fettering
There had been an unlawful fettering of discretion in situation where three transsexuals were not entitled to gender reassignment surgery based on original application of policy by health service
Corner House Research
No fettering by director of SFO when decided not to hold investigation into allegations of bribery in relation to sale of arms to Saudi Arabia
Barnard v National Dock Labour Board
Retention of discretion -unlawful delegation
Delegation by local dock board to port manager of power to suspend dock workers held to be unlawful
Lavender
Minister for Housing and Local Gvt had wrongly delegated decision to Minister of Agriculture
