Grounds/Illegality/Discretion Flashcards

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1
Q

What is wrongful delegation?

A

Barnard v National Dock Labour Board - Cannot sub delegate

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2
Q

what is surrender or abdication of discretion?

A

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

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3
Q

what is acting under dictation?

A

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

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4
Q

what is fettering discretion by policy?

A

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.

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5
Q

what is fettering discretion by estoppel?

A

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

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6
Q

what is fettering discretion by contract?

A

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

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7
Q

what is abuse of discretion for collateral purposes?

A

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

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8
Q

what is abuse of discretion for irrelevant/relevant considerations?

A

Wheeler v Leicester City Council - had improper purpose therefore overturned

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9
Q

What is abuse of discretion for bad faith?

A

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

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