JR - Illegality Flashcards
What is illegality?
Where the decision maker has acted Ultra Virus (beyond powers)
Attorney General v Fulham Corporation
Facts: •The Corporation has a statutory obligation to provide wash houses for the poor
• Authority sought to open a commercial laundry under this power
L.P: •Opening a laundry which would charge money to clean clothes was clearly not within power so was Ultra Vires
Sargant J: “the matter turns on this, whether or not the council has, either expressly or impliedly, power to conduct the operation which it is conducting. In my judgment, neither expressly or impliedly, under the act it relies, has it that powers”
R v Richmond upon Thames London Borough Council Ex Parte McCarthy and stone
Facts: • The council was required to consider planning applications but also introduced a system of informal consultations which they charged for
L.P: • Lords held that although it was helpful there was no power to levy the charge and was therefore acting Ultra Vires
•” No power to charge”
R v Port Talbot Borough Council, Ex Parte Jones
L.P: decision based on an irrelevant factor = Ultra Virus
Barnard v National Dock Labour Board
Facts: • The national Board has power to discipline its members but delegated power to port managers
L.P: • Deleagtion was unlawful and so disciplinary powers exercised by port managers were Ultra Vires.
• Denning LJ: “ there is nothing in this scheme authorising the board to delegate this function, and it cannot be implied”
