illegality

Question 1

acting ultra vires

Answer 1

PA has acted in a way the law does not prohibit them to

Question 2

case for acting ultra vires

Answer 2

attorney general v fulham corp 1921- cannot act beyond granted power

Question 3

error of law

Answer 3

PA might wrongly believe the law entitles them to act a certain way and use the law as justification

Question 4

case for error of law

Answer 4

Anisimic ltd v foreign compensation commissin 1969

Question 5

error of fact

Answer 5

PA can sometimes use their powers when certain factual conditons apply. if not met this is unlawful

Question 6

case for unlawful delegation

Answer 6

Barnard v national dock labour board 1953

Question 7

unlawful delegation

Answer 7

attempt to pass someone their powers to another party to use on behalf of local authority, unlawful

Question 8

exception for unlawful delegation

Answer 8

Cartona doctrine- govt ministers can delegate to civil servants, but this can be rebutted,
R v Adams 2020- not to junior ministers

Question 9

fettering of discretion

Answer 9

where a PA places limitations on itself which restricts its ability to use the power it has

Question 10

case for fettering of discretion

Answer 10

Padfield - must be reasonable

Question 11

using powers for improper purposes

Answer 11

PA’s have a range of powers at their discretion by statite, usually given to go about their business and should be used in the publlic intrest, if its not for these reasons this is unlawful

Question 12

case for using powers for improper purposes

Answer 12

Porter v Magil 2001- bias found, no personal reasons allowed