Grounds/ProceduralImpropreitary/1 Flashcards

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1
Q

Ridge v Baldwin

A

Ridge dismissed without notice of proposal to dismiss and without fair hearing.
Held: Unlawful. the difference between judicial decisions( where the rule of natural justice applies) and administrative decisions (where it does not) is obsolete.

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2
Q

Ridge v Baldwin Cont… What was said about the test?

A

The test is to assess what a reasonable person would regard as a fair procedure in any given circumstance - Leyland and Anthony 2009

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3
Q

Re HK…

A

Degree of fairness required is context dependent.

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4
Q

Scmidt v Secretary of state for home affairs..

A

Recognitions of a general duty to act fairly

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5
Q

What is the sliding scale of harm case and info?

A
McInnes v Onslow-Fane 
Megarry V-C gave 3 examples of case types
1- application 
2- renewal
3- forfeiture
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6
Q

R v Secretary of state for home department ex parte moon…

A

On entry clearance refusal made without giving opportunity to comment was inherently unfair.

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7
Q

restrictions on procedural safeguards

A

R v Davey

  • Concerned national security
  • General court approach that due to sensitivity of issues courts should not intervene when procedural rights are restricted
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8
Q

exception to restrictions on procedural safeguards

A

A v Home Secretary: declaration of incompatibility

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9
Q

R v Board of Visitors of Hull prison

A

Prisoners were accused of grave disciplinary offences under the prison rules before the board of visitors had the right to a proper hearing.

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10
Q

Lloyd v McMahon…

A

It was the decision of the auditor, refusal to give someone a oral hearing is not a breach of natural justice per se.

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11
Q

R v Gaming board for Great Britain..

A

Rules of natural justice/fairness are context dependent

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12
Q

R v National Lottery commission

A

Lottery commission exercised direction in violation of basic principles of natural justice

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