Illegality

Question 1

Datafin

Answer 1

Private bodies a governmental function (Datafin) Test Would a public body take its place? -> yes it’s a private body – public function - Amenability

Question 2

Ex P percival

Answer 2

Regulatory bodies are preforming governmental functions - Amenability

Question 3

Ex P aga Khan

Answer 3

Npt sporting regulations- Amenability

Question 4

Ex P Wachman

Answer 4

Not religious associations - Amenability

Question 5

O’Reilly v Mackman

Answer 5

The exclusive principle: you cannot assert a public law right against a public body with a private law action; the judicial review process exists to ensure that public bodies are protected

Question 6

Fleet street cauals

Answer 6

Standing
To have standing in Judicial Review, you must be able to distinguish yourself from all others who can claim an interest. Must have sufficient interest

Question 7

Ex P venebles

Answer 7

Standing occurs for individuals who are directly effected

Question 8

Rees Mogg

Answer 8

Standing - Lord Rees Mogg, individual was not affected by EU’s acceptance into the EU

Question 9

RE Bulger

Answer 9

Standing - Father of a son that died was not directly effected in the sentencing of his killer

Question 10

Rose theatre

Answer 10

Incorporation does not increase standing; if no individual member has standing, the group will not have standing
Although a legal or financial interest is not required, not every person can enforce a public duty

Question 11

Greenpeace

Answer 11

Standing - Reputation, expertise, membership size

Question 12

World Development movement

Answer 12

group of standing o -> Importance of the issue: Merits, ROL at stake

Question 13

Anisminic

Answer 13

No effect if not clear and precise, Ignore full ouster clause - Ouster Clause

Question 14

Elloe

Answer 14

Partial that effect time limits allowed - Ouster Clause

Question 15

AG v Fulham

Answer 15

Simple Illegality -> Decision maker acts outside the act

Question 16

Westminister v London NW

Answer 16

Actions that are necessary, incidental does not count

Question 17

Ex P Simms

Answer 17

Parliament can not legistlate inconsistent with Constitutional rights
Simms convicted or murder and claimed innocence. Received help from journalists and was interviewed on several occasions. Blanket ban by HS to use information from prisoners. Court held the ban to be unlawful

Question 18

Witham

Answer 18

Excessively high fees an example of Ultra vires

Question 19

AG v Fulham

Answer 19

Ultra vires
Does it “come within the four corners of the act”?
A local authority had the power to provide washhouses for residents to wash their clothes. This was held not to empower it to set up a laundry service in which residents paid employees of the authority to wash their clothes for them.
The court argued Fulham Corporation had acted ultra vires

Question 20

Anisminic

Answer 20

Foundations used by decision maker are wrong

Question 21

Page

Answer 21

not all errors of law are reviewable only those where decision maker makes mistake as to the nature of his decision making

Question 22

South Yorkshire transport

Answer 22

When power granted is capable of wide interpretation - Error of Law

Question 23

Ex P Khawaja

Answer 23

Precedent fact:
The minister- home secretary had the power to deport illegal immigrants- they had to get the fact they were an illegal immigrant right
Precedent fact is something you need to get right FIRST before you make a decision
Facts which are process led as the next part of the decision depends on getting the fact right

Question 24

Coleen Properties

Answer 24

No evidence:
Tower Hamlets were clearing some land
Coleen Properties owned a property on that street
Marked for destruction even though it was a perfectly good property
Surveyors said that is in good condition
Tower hamlets said it is on a couple of bad streets- we are clearing it
They had no evidence for their decision- that was a breach
They could not exercise their decision because they hadn’t shown evidence for their decision

Question 25

Mistake of an established fact

Answer 25

R v CICB

Question 26

Ex P Fewings

Answer 26

Improper purpose -> Power granted by the statute must use the purpose intended by the statute. Examples of improper purpose in the cases- a. Using power to enforce ethical views (Ex P Fewings)

Question 27

Padfield v MoA

Answer 27

Refusing to exercise a discretionary power

Question 28

Congreve

Answer 28

Revocation of TV licensces to those who had purchased them early

Question 29

Bromley LBC v Greater London Counc

Answer 29

Subsidizing transport with council money

Question 30

Fire Brigaides UnioN

Answer 30

Retention (Fettering) of discretion -> Must not fetter his discretion by refusing to exercise it
a. Amount to a blanket ban (R v NW Lancashire)
Be too inflexible thuse keep mind Ajar (Ex P Brent

Question 31

examples of fettring of discression

Answer 31

Luton BC: Cases must be considered on an individual basis
British oxygen: must be evdidence of eventuality
Collymore: Policy must be enforced genuinely and with due consideration for each application

Question 32

Lavender

Answer 32

Authority can not be delegated

Question 33

Cartona Principle

Answer 33

unless it happens I the ministers own dept

Question 34

Doody

Answer 34

Where fundamental issue is at stake not below Jr Minister

Question 35

DPP v Shaw

Answer 35

Where delegation is implied or authorized by statute

Question 36

Ex P fewings

Answer 36

Where delegation is implied or authorized by statute

Question 37

Examples of Relevant and irrelevant consideration

Answer 37

o Roberts v Hopwood: Failure to consider the effects of increasing public sector workers wages on taxpayer rather than considering the social implications
o Bromley v GLC: Authprity did not take relevant consideration of ordinary buisness principles
o Venebles: Home secretary took public clamour into account, which was a irrelevant consideration
o Barry: resouces available to a decision-maker can be relevant