Grounds/ProceduralImpropreitary/1 Flashcards
Ridge v Baldwin
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between judicial decisions( where the rule of natural justice applies) and administrative decisions (where it does not) is obsolete.
Ridge v Baldwin Cont… What was said about the test?
The test is to assess what a reasonable person would regard as a fair procedure in any given circumstance - Leyland and Anthony 2009
Re HK…
Degree of fairness required is context dependent.
Scmidt v Secretary of state for home affairs..
Recognitions of a general duty to act fairly
What is the sliding scale of harm case and info?
McInnes v Onslow-Fane Megarry V-C gave 3 examples of case types 1- application 2- renewal 3- forfeiture
R v Secretary of state for home department ex parte moon…
On entry clearance refusal made without giving opportunity to comment was inherently unfair.
restrictions on procedural safeguards
R v Davey
- Concerned national security
- General court approach that due to sensitivity of issues courts should not intervene when procedural rights are restricted
exception to restrictions on procedural safeguards
A v Home Secretary: declaration of incompatibility
R v Board of Visitors of Hull prison
Prisoners were accused of grave disciplinary offences under the prison rules before the board of visitors had the right to a proper hearing.
Lloyd v McMahon…
It was the decision of the auditor, refusal to give someone a oral hearing is not a breach of natural justice per se.
R v Gaming board for Great Britain..
Rules of natural justice/fairness are context dependent
R v National Lottery commission
Lottery commission exercised direction in violation of basic principles of natural justice
