Exam Pointers - Judicial Review

Question 1

If you see words from the statute in the question…

Answer 1

it could give rise to errors of law or fact or procedural ultra vires..

Question 2

If the decision is made by a group, different to the one the Act stipulates..

Answer 2

Investigate the rule against delegation

Question 3

If guidelines or policy are mentioned…

Answer 3

Consider;

• fettering of discretion i.e. has policy been applied too rigidly,
• improper purpose,
• relevant/irr considerations

Question 4

If two or more reasons for a decision are given..

Answer 4

Consider
o irrel considerations,
o improper or unauthorised purpose and
o dual purposes.

Question 5

When a bye-law is mentioned…

Answer 5

….remember you can’t argue procedural fairness/natural justice. Where the decision maker is performing a legislative function (i.e. making bye –laws) then the rules of natural justice do not apply.

Question 6

Where there is an absence of reasons or relevant consider/Irrrelevant consider…

Answer 6

…irrationality

Question 7

Does the right to a fair hearing apply even though statute is silent?

Answer 7

Yes. The fair hearing rule can apply where a statute is silent as to procedure.

It requires that a person affected by a decision should have a fair chance to put his case.

Question 8

If the claimant has complied by guidelines….

Answer 8

…… they may have a substantive legit expectation that will be awarded a grant. Using Lord Woolf’s categories (Coughlan) it probably will fall into the first (irrationality) as it does not involve a specific undertaking made to a small number of people
Lord Woolf’s 3 categories
4. Public Authority only needs to bear in mind its previous policy/representation. The court’s role is to simply review whether a decision is rational. Here, the court is merely applying traditional Wednesbury unreasonableness.
5. Promise/practice creates legitimate expectation of… For example, being consulted before an adverse decision is taken.
6. Promise/practice creates legitimate expectation of a substantive benefit Courts will decide whether it would be an abuse of power to frustrate (illegality).