Grounds/Illegality/Discretion

Question 1

What is wrongful delegation?

Answer 1

Barnard v National Dock Labour Board - Cannot sub delegate

Question 2

what is surrender or abdication of discretion?

Answer 2

Lavender & Son v Minister of housing - it is fine to ask for advice, this is not delegation

Question 3

what is acting under dictation?

Answer 3

R v Coventry city council ex parte phoenix aviation - decision was made based on threatened disruption by protesters

Question 4

what is fettering discretion by policy?

Answer 4

British Oxygen co v minister of technology - when a policy is publicly known but is chosen to be avoided there cannot be a successful claim.

Question 5

what is fettering discretion by estoppel?

Answer 5

R v East Sussex County Council - case decided to use legitimate expectation

Question 6

what is fettering discretion by contract?

Answer 6

r v Hammersmith and Fulham BC - a contract that fetters discretion may not be unlawful if the contract is considering with the objectives of the statute

Question 7

what is abuse of discretion for collateral purposes?

Answer 7

Porter v Magill - HOL accepted elected counsellors have power but it does not reach to the electoral advantage of a political party

Question 8

what is abuse of discretion for irrelevant/relevant considerations?

Answer 8

Wheeler v Leicester City Council - had improper purpose therefore overturned

Question 9

What is abuse of discretion for bad faith?

Answer 9

Intentional abuse of power or reckless to it, purposes due to intention decision making. Cannock Chase District Council v Kelly - Bad faith always involves a grave charge, it must not be treated as a honest mistake