Illegality

Question 1

GCHQ case name

Answer 1

Council of Civil Service Unions v Minister for the civil service [1985] AC 374

Question 2

what did Lord Diplock say in this case?

Answer 2

‘the first ground i will call illegality, the second irrationality and the third procedural impropriety’

Question 3

what did Lord Diplock MEAN by Illegality?

Answer 3

‘the decision maker must understand correctly the law that regulates his decision-making power and must give effect to it.’

Question 4

what did Lord Ziplock MEAN by Irrationality?

Answer 4

wednesbury unreasonableness

Question 5

what did Lord Diplock MEAN by procedural Impropriety?

Answer 5

‘a failure to observe basic rules of natural justice and failure to act with procedural fairness towards the person affected by the decision.’

Question 6

How do we illustrate ‘Ultra Vires’?

Answer 6

AG v Fulham corporation [1921] (a corporation acting outside its powers)

Bromley LBC V Greater London Council [1983]

R v Richmond upon Thames Council Ex p McCarthy & Stone Ltd [1992]

Question 7

How do we illustrate examples of Errors of Law?

Answer 7

famous Anisminic Ltd v Foreign Compensation Commisssion [1969]

Jones v First-Tier Tribunal [2013]

Question 8

Examples of ‘law’ v ‘fact’?

Answer 8

R (a) v Croydon LBC {2009}

R (Ghai) v Newcastle City Council [2010]

Question 9

what did Anisminic establish?

Answer 9

the collateral fact doctrine. any error of law made by a public body will result in that law being nullified.

Question 10

examples of Self Created Policy ?

Answer 10

R v Port of London Authority [1919]

British Oxygen Co v Board of Trade [1971]

Question 11

what does Port of London Authority case say?

Answer 11

Tribunal refused to see an applicant.

Question 12

examples of Failures to exercise discretion?

Answer 12

Padfield v Minister for Agriculture, Fisheries and Food [1968]

Agriculture Marketing Act 1958 S. 19 (3) (b)

Question 13

what did Lord Reid say on the failure to exercise discretion?

Answer 13

‘Parliament must have conferred the discretion with intention that it should be used to promote the policy and objects of the act.’

Question 14

what is Un-lawful Sub Delegation?

Answer 14

Delegatus non potest delegare- that which is delegated, cannot be delegated further

Question 15

what is the Carlton Principle?

Answer 15

acts of government departmental officials are synonymous with actions of the minister in charge o that department.

Question 16

what case is the carlton principle established?

Answer 16

Carlton Ltd v Commissioners of Works

Question 17

what cases exemplify ‘Acting Under dictation’?

Answer 17

H Lavender & Son v Minister of Housing and Local Government [1970]

Question 18

what did the H Lavender case say?

Answer 18

a decision was not delegated, only advice was given.

Question 19

what is to be taken into account when discretion is being exercised?

Answer 19

those factors which must be taken into account (Mandatory)
those factors which must not be taken into account (prohibitory)
those factors which the decision-maker may have regard if, in his judgement, he thinks it is right to do so.

Question 20

what cases are there on Relevance?

Answer 20

Roberts v Hopwood [1925] AC 578

Tesco Stores Ltd v SoS for the Environment [1995]

Re McComb [2003]

Imperial Tobacco (13-15)

Question 21

what do these cases on relevance say?

Answer 21

if the decision maker wrongly takes the view that some consideration is not relevant and so has no regard to it, the decision cannot stand and he must be required to think again.

Question 22

relevant statute on relevance?

Answer 22

Road Traffic (NI) Order 1981, S 79A(3)

Question 23

what does the Road Traffic order statute say?

Answer 23

‘the department shall not grant a taxi driver’s licence… unless the department is satisfied that the applicant is a fit and proper person to hold the licence.’

Question 24

what did Lord Hope say in imperial Tobacco?

Answer 24

‘it is not for the courts to say whether legislation on any particular issue is better made by the Scottish parliament or by the parliament of the united kingdom at westminster…. those rules must be interpreted in the same way as any other rules that are found in a UK statute. thirdly, the description of the act as a constitutional statute cannot be taken, in itself, to be a guide to its interpretation. the statute must be interpreted like any other statute.’