Grounds/Illegality/Discretion Flashcards
What is wrongful delegation?
Barnard v National Dock Labour Board - Cannot sub delegate
what is surrender or abdication of discretion?
Lavender & Son v Minister of housing - it is fine to ask for advice, this is not delegation
what is acting under dictation?
R v Coventry city council ex parte phoenix aviation - decision was made based on threatened disruption by protesters
what is fettering discretion by policy?
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.
what is fettering discretion by estoppel?
R v East Sussex County Council - case decided to use legitimate expectation
what is fettering discretion by contract?
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
what is abuse of discretion for collateral purposes?
Porter v Magill - HOL accepted elected counsellors have power but it does not reach to the electoral advantage of a political party
what is abuse of discretion for irrelevant/relevant considerations?
Wheeler v Leicester City Council - had improper purpose therefore overturned
What is abuse of discretion for bad faith?
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