JR - Procedural impropriety Flashcards
What is procedural impropriety?
Has the correct procedure been followed? If not the decision is called into question
Agricultural, Horticultural and Forestry industry training board v Aylesbury Mushrooms
Facts: • The minster was empowered to establish Industrial Training boards but in doing so was required to consult the relevant organisations in the area concerned
• Mushroom Growers Association did not receive consultation
L.P: • held that the order did not apply to mushroom growers association
Vale of Glamorgan Borough Council v Palmer and Bowles
Facts: • The council was empowered to issue tree preservation orders to protect selected trees within the borough
• Each order required a plan identifying the relevant tree to be available for public inspection - no plans made
L.P: Webster J: “the map not having been so deposited, the Order failed to comply with a mandatory requirement of the enabling regulations and was, therefore, invalid”
Natural justice
Decisions that contravene basic principles of fairness - including bias and a right to a fair trial
R v Bow Street Metropolitan Stipendiary Magistrates Court, Ex Parte Pinochet Ugarte
Facts: • Former dictator Augusto Pinochet was arrested during visit to London, pending an extradition request from the Spanish government which wanted him to stand trial for alleged war crimes.
• HoL was required to consider whether a former head of state enjoyed immunity from extradition - held that he did not
L.P: • One Law Lord had close ties with amnesty international, which had an interest in the case
• Raises the possibility of bias
Lord Hutton: “ I wish to make it clear that I am making no finding of bias against him. But I consider the links between Lord Hoffman and Amnesty international were so strong “
Porter v Magill
Facts: • Conservative Westminster council adopted a policy of targeted council house sales (in belief that owner-occupiers would be more likely to vote conservative) - question of bias arose
L.P: •appropriate test for bias is ‘whether the fair minded observer, having considered the relative facts would conclude that there was a a real possibility that the tribunal was biased’
Ridge v Baldwin
Facts: • R was Cheif constable of Brighton and was charged with conspiracy
• He was cleared of all charges but trial judge was highly critical of his leadership
• Following judges comments, R was dismissed without a hearing or being allowed to present his case
L.P: • Held that the right to a fair hearing required a person to be afforded the opportunity to present their case.
R v Secretary of State for the Home Department, Ex Parte doody
Facts: • The applicants were life sentence prisoners who’s applications for parole were refused without any reason being given.
• sought disclosure for reason behind decision
L.P: Lord Mustill: “ I would ask simply: is refusal to give reasons fair? I would answer without hesitation that it is not”
