Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Public Law > Judicial Review > Flashcards

Judicial Review Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
0
Q

Which legislation governs judicial review?

A

Section 31 senior courts Act 1981

And the civil procedure rules 1998

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the definition of judicial review?

A

Is the mechanism by which courts ensure ensure that public bodies act within the powers that they have been granted by Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Is the claim about public law issues? What is procedural exclusivity?

A

If it raises public law issues - it must be JR. O’reilly v mackman

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who was the decision-maker

A

Datafin - two tests.

Test 1. Source of power - was the body set up under statute?

Test 2. Nature of power - does the body exercise public law functions?

Care homes are not a public body. (Birmingham CC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Does the claimant have sufficient interest?

A

Section 31 (3) senior courts act states that a claimant must have sufficient interest.

If personally affected by the decision, then this is an easy bar to meet.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What about pressure groups?

A

Ex parts world development movement

  1. Importance of the matter
  2. the need to uphold the law
  3. Role of pressure group
  4. Whether anybody is better placed to bring proceedings.
  5. Relevant statutory duty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the statutory time limits?

A

Section 31 (6) senior courts act 1981 allows a court to refuse a claim where it feels there has been undue delay.

Civil procedure rules 1998 - maximum of 3 months without prejudice to any statutory limits.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can the courts strike out a claim before the 3 month time limit?

A

Yes - Finn-Kelsey v Milton Keynes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can the courts let a claim through after 3 months?

A

Yes - stratford-upon-Avon ex party Jackson

  1. Legal aid problems
  2. Waiting for a minister’s response
  3. Other administrative delays
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

But courts aren’t obliged to accept extenuating circumstances? Time limits are strict.

A

Diary ex party caswell

Claim for error of law, but after the time limit even though the claimant did not know about JR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Public safety issues would mitigate for time limits

A

Hardy v Pembrokeshire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the effect of a full ouster clause?

A

Anisminic v foreign office - lord wilberforce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Partial ouster clause?

A

Ex parte ostler

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Whats an implied ouster clause?

A

Where a claimant has failed to take advantage of all statutory procedures- they are unable to rely on JR

Ex parte Goldstraw

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the main grounds for JR?

A

Lord Diplock in CCSU v Minister for Civil Service

Illegality
Irrationality
Procedural impropriety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Definition of illegality?

A

An action is illegal or ultra vires if it is beyond the power of the public body in question - either because the powers claimed do not exist, or because they are being abused or exceeded.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Public authorities cannot act without legal authority

A

R v Richmond

Although if act is reasonably incidental to what is authorised it can be allowed - Alder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

General rule against delegation:

A

Vine v DLP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Exceptions to the rule against delegation?

A

Carltona principle - ministers can sub-delegate to civil servants in each department

Section 101, local government act 1972
Local authorities can delegate to a committee or officer provided they make a formal resolution to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What about acting under the dictation of another?

A

Lavender and sons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Applying too strict a policy?

A

British oxygen

Must be willing to listen to anyone with something new to say

21
Q

Using powers for unauthorised purpose

A

Congreve v Home office

22
Q

Dual purposes -

What are the rules?

A

Primary purpose - westminster corporation

Was the authority pursuing an unauthorised purpose which materially influenced the making of its decision
R v ILEA

23
Q

Taking account of irrelevant considerations

A

Padfield v Agriculture

24
Q

Failing to take relevant factors into account

A

Roberts v Hopwood

25
Q

Error of fact

A

Ex parte khawaja

Must be at the root of the problem

26
Q

Error of law

A

Anisminic v FO

27
Q

Irrationality - wednesday

A

Having regard to all relevant considerations only, the decision maker came to a conclusion so unreasonable, that no reasonable authority could ever have come to it

28
Q

Irrationality - lord Diplock CCSU

A

A decision must be so outrageous in its defiance of logic or accepted moral standards that no sensible person could have arrived at it

29
Q

Case where irrationality has been found

A

Wheeler Leicester

30
Q

Procedural grounds -

Rules of natural justice

A

Rule against bias

Right to a fair hearing

31
Q

The rule against bias is either…

A

Direct or indirect

32
Q

Go through what a direct interest is?

A

Dimes v grand junction
Pecuniary interest

Non-Pecuniary - Pinochet - Hoffman/amnesty

Lord brown wilkinson - ‘the decision-marr is a judge in his own case’

33
Q

Indirect bias- - -

A

Eg - family member involved

Magill v porter - suggestion of verdict announced before end of trial

Justice must be seen to be done. ‘Would a fair and impartial observer conclude that there had been a real possibility of bias?’
R v Barnsley

34
Q

The right to a fair hearing - what is the case and quote?

A

Board of education v Rice

Lord Loreburn - ‘there is a duty on decision-maker to 1 act in good faith and 2 listen fairly to both sides

35
Q

However - a right to a fair hearing is flexible. What case set this out?

A

Mcinnes v onslow-fane

36
Q

Forefeiture cases

A

Ridge v Baldwin

37
Q

Legitimate expectation

Renewal

A

R v Liverpool taxi operators

Ex parte asif khan

38
Q

Application

A

Mcinnes v onslow-fane

Gaming board ex p benaim and khaida

39
Q

Preliminary verdicts - do my require a full and fair hearing

A

Lewis v heffer

Shoesmith

40
Q

What is a fair hearing?

A

Fairmount investments v sec of state for environment

Claimant should know the case against them and have a right of reply at each stage of the decision-making process

41
Q

Right to reasons?

A

General rule - there is no general duty to give reasons

Ex p hasan

42
Q

What are the exceptions- when claimants can expect to receive reasons

A

When the decision looks aberrant

Ex parte Cunningham

Or - for public interest reasons and when serious effect on personal liberty
Ex p doody

43
Q

Is there a right to an oral hearing?

A

No general right to an oral hearing

44
Q

What are claimants entitled to, if they are not entitled to a full hearing?

A
  • a hearing which is fair and reasonable in all the circumstances

Lloyd v McMahon

45
Q

This can require an oral hearing

A

Hopkins v parole board

46
Q

And sometimes a cross-examination of witnesses

A

Ex parte st germain

47
Q

Statutory requirements for precedure: what are the two things it could be?

A

Mandatory or directory

48
Q

Whats the case for mandatory?

A

Coney v choyce

49
Q

Directory?

A

Bradbury v Enfield

50
Q

Factors in deciding whether a statutory direction is mandatory or directory?

A

Wording of statute

Has there been a failure to comply substantially?

51
Q

What is the fundamental test for whether statutory instructions are directory or mandatory?

A

What was parliaments intention?

R v sonjei

Public Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions