Illegality Flashcards
GCHQ case name
Council of Civil Service Unions v Minister for the civil service [1985] AC 374
what did Lord Diplock say in this case?
‘the first ground i will call illegality, the second irrationality and the third procedural impropriety’
what did Lord Diplock MEAN by Illegality?
‘the decision maker must understand correctly the law that regulates his decision-making power and must give effect to it.’
what did Lord Ziplock MEAN by Irrationality?
wednesbury unreasonableness
what did Lord Diplock MEAN by procedural Impropriety?
‘a failure to observe basic rules of natural justice and failure to act with procedural fairness towards the person affected by the decision.’
How do we illustrate ‘Ultra Vires’?
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]
How do we illustrate examples of Errors of Law?
famous Anisminic Ltd v Foreign Compensation Commisssion [1969]
Jones v First-Tier Tribunal [2013]
Examples of ‘law’ v ‘fact’?
R (a) v Croydon LBC {2009}
R (Ghai) v Newcastle City Council [2010]
what did Anisminic establish?
the collateral fact doctrine. any error of law made by a public body will result in that law being nullified.
examples of Self Created Policy ?
R v Port of London Authority [1919]
British Oxygen Co v Board of Trade [1971]
what does Port of London Authority case say?
Tribunal refused to see an applicant.
examples of Failures to exercise discretion?
Padfield v Minister for Agriculture, Fisheries and Food [1968]
Agriculture Marketing Act 1958 S. 19 (3) (b)
what did Lord Reid say on the failure to exercise discretion?
‘Parliament must have conferred the discretion with intention that it should be used to promote the policy and objects of the act.’
what is Un-lawful Sub Delegation?
Delegatus non potest delegare- that which is delegated, cannot be delegated further
what is the Carlton Principle?
acts of government departmental officials are synonymous with actions of the minister in charge o that department.
what case is the carlton principle established?
Carlton Ltd v Commissioners of Works
what cases exemplify ‘Acting Under dictation’?
H Lavender & Son v Minister of Housing and Local Government [1970]
what did the H Lavender case say?
a decision was not delegated, only advice was given.
what is to be taken into account when discretion is being exercised?
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.
what cases are there on Relevance?
Roberts v Hopwood [1925] AC 578
Tesco Stores Ltd v SoS for the Environment [1995]
Re McComb [2003]
Imperial Tobacco (13-15)
what do these cases on relevance say?
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.
relevant statute on relevance?
Road Traffic (NI) Order 1981, S 79A(3)
what does the Road Traffic order statute say?
‘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.’
what did Lord Hope say in imperial Tobacco?
‘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.’
