Grounds/Unreasonableness Flashcards
1
Q
What is the leading case?
A
Associated Pictures House LTD v Wednesbury Corp - the decision is so unreasonable that no reasonable person would have come to it
2
Q
Ex parte brinde…
A
Reasonable minister, reasonable decision
3
Q
What is the more relaxed test on this area?
A
Lord Cooke in R v Chief Constable of Sussex ‘was the decision one that a reasonable authority could have reached’
4
Q
R v Swindon Primary NHS Trust..
A
Cancer drug, if someone wants it they must show exceptional personal or clinical circumstances, however, there were no financial limits on this drug - deemed unreasonable
5
Q
Rights case/pre HRA
A
Bingham M.R in R v Minister of Defence… degree of interference with rights impacts on level of justification required
