5. Illegality

Question 1

AG v Fulham Corporation

Answer 1

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

Question 2

Westminster Corporation v London and NW Railway

Answer 2

Power build public toilets could also be used to build a subway and a right to access those toilets

Question 3

Leech (No 2)

Answer 3

Prison rules ultra vires in permitting all letters to be read

Question 4

Witham

Answer 4

Lord Chancellor’s decision to set court fees at £500 was ultra vires

Question 5

Anufrijeva

Answer 5

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

Question 6

Anisminic

Answer 6

Error of law

Compensation Commission had made error of law in not awarding A compensation after company in Suez nationalised

Question 7

Page

Answer 7

Errors of law not reviewable where

1. Error not decisive to decision
2. Involves special system of rules
3. Power granted capable of broad interpretation

Question 8

White and Collins

Answer 8

Error of fact - precedent facts

LA had mistakenly failed to realise land compulsorily purchased for redevelopment was parkland

Question 9

Tameside MBC

Answer 9

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

Question 10

E v SS for Home Dpt

Answer 10

Error of fact - ignorance or mistake as to established fact

1. Mistake as to existing fact
2. Fact/evidence must have been established, i.e. uncontentious
3. Appellant not responsible for mistake
4. Mistake played material part in bringing about decision

Question 11

Fewings

Answer 11

Abuse of discretion - relevant and irrelevant considerations

1. Mandatory factors
2. Prohibitory factors
3. Discretionary factors

Question 12

Venables

Answer 12

Public outrage is a prohibitory factor

Question 13

Roberts v Hopwood

Answer 13

LA fails to consider the interests of ratepayers – a relevant factor

Question 14

Barry

Answer 14

LA’s consideration of its own resources was relevant factor

Question 15

Tandy

Answer 15

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

Question 16

Padfield

Answer 16

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

Question 17

Congreve v Home Office

Answer 17

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

Question 18

Miranda

Answer 18

Court rejects claim of improper purpose when M stopped and questioned by police under terrorism act 2000, Sch 7

Question 19

Fire Brigades Union

Answer 19

Retention of discretion- fettering
HS had fettered his discretion by refusing to consider whether to bring statutory criminal injuries compensation scheme into force

Question 20

Brent LBC

Answer 20

Retention of discretion-fettering of discretion

Minister entitled to have policy - mind must not be ‘empty’, though must be kept ajar

Question 21

A, D, and G

Answer 21

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

Question 22

Corner House Research

Answer 22

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

Question 23

Barnard v National Dock Labour Board

Answer 23

Retention of discretion -unlawful delegation

Delegation by local dock board to port manager of power to suspend dock workers held to be unlawful

Question 24

Lavender

Answer 24

Minister for Housing and Local Gvt had wrongly delegated decision to Minister of Agriculture

Question 25

Carltona

Answer 25

Minister can delegate discretion to officials within his department

Question 26

DPP v Haw

Answer 26

Carltona principle should be subject to requirement that the seniority of the official exercising the power should be an appropriate level, having regard to the nature of the power in question

Question 27

Doody

Answer 27

HL accepted that setting of a tariff for mandatory life prisoner could be devolved to a junior minister

Question 28

GCHQ, per Lord Diplock

Answer 28

Illegality = decision-making power must understand correctly the law that regulates his decision-making powers and must give effect to it