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Public Law > Judicial Review > Flashcards

Judicial Review Flashcards

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1
Q

Public law issues alone should be enforced via Judicial Review.

A

O’Reilly

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2
Q

Claims involving a mixture of private and public law rights can be raised in private proceedings.

A

Roy

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3
Q

A public law issue can be raised as a defence in private law proceedings.

A

Boddington; Winder

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4
Q

Is the defendant a public body?

A

Datafin

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5
Q

Private care homes are not public bodies.

A

Birmingham City Council

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6
Q

Public body test applies in cases involving human rights grounds.

A

Beer

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7
Q

‘Sufficient interest’ is required by which statute?

A

s31(3) Senior Courts Act 1981

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8
Q

‘Sufficient interest’ for single claimants.

A

Inland Revenue Commissioners

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9
Q

‘Sufficient interest’ for pressure groups.

A

World Development Movement (WDM)

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10
Q

Filing within the time limit is required by which statutes?

A

s31(6) Senior Courts Act 1981 and CPR 54.5

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11
Q

Applications for Judicial Review may still be rejected if there has been ‘undue delay’.

A

Finn-Kelcey

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12
Q

The courts have discretion to accept claims outside of time limits, but only if the claimant has strong reasons.

A

Jackson

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13
Q

Difficulties in obtaining legal aid is no longer a complete answer to a failure to apply within the time limit.

A

Kigen

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14
Q

Example of the rejection of an extension.

A

Hardy

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15
Q

Courts will not accept applications where there has been undue delay even if there has been an error of law.

A

Caswell

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16
Q

Complete ouster provisions are effectively meaningless.

A

Anisminic

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17
Q

Partial ouster clauses will be tolerated and cannot be extended.

A

Ostler

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18
Q

Statutory rights of alternative appeal will mean that Judicial Review will not be available.

A

Goldstraw

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19
Q

Source of the grounds for judicial review.

A

CCSU

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20
Q

Acting without legal authority.

A

McCarthy and Stone

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21
Q

Rule against delegation.

A

Vine

22
Q

Exceptions to the rule against delegation.

A

Carltona principle and s101 Local Government Act 1972

23
Q

Fettering of discretion (dictation of another).

A

Lavender

24
Q

Fettering of discretion (general policy)

A

British Oxygen

25
Q

Error of law.

A

Anisminic

26
Q

Error of fact

A

Khawaja

27
Q

Relevant and irrelevant considerations.

A

Roberts; Padfield.

28
Q

Improper or Unauthorised Purpose.

A

Congreve

29
Q

Dual Purpose (Primary Purpose test)

A

Westminster

30
Q

Dual Purpose (material influence test)

A

ILEA

31
Q

Irrationality

A

Wednesbury; CCSU

32
Q

Rule against bias (direct)

A

Dimes; Pinochet Ugarte

33
Q

Rule against bias (indirect)

A

Porter v Magill; Barnsley

34
Q

Right to a fair hearing (duty to act in good faith and listen fairly to both sides)

A

Board of Education

35
Q

Right to a fair hearing (fair and reasonable in all the circumstances)

A

Lloyd

36
Q

Fairness is flexible and varies according to the category of case.

A

McInnes

37
Q

Forfeiture cases

A

Fairmount Investments

38
Q

Legitimate Expectation cases

A

Liverpool Corporation; Mandalia; Asif Khan; Coughlan; Niazi

39
Q

Application cases

A

Benaim and Khaida

40
Q

No right to seek judicial review if the ruling is preliminary

A

Lewis v Heffer

41
Q

No legal duty for public bodies to give reasons for their decisions.

A

Hasan

42
Q

Legal duty where decisions appear aberant.

A

Cunningham

43
Q

Legal duty if the impact on a person’s rights and liberty is serious, and public interest requires a reason.

A

Doody

44
Q

Oral hearing may be required depending upon circumstance.

A

Osborn

45
Q

Cross-examination of witnesses may be required depending upon circumstance.

A

St Germain

46
Q

Opportunity to explain conduct may be required if an ‘accountable’ public servant.

A

Baby P

47
Q

Rules of natural justice do not apply where the decision-maker has a legislative rather than judicial function.

A

Bates

48
Q

Mandatory procedural requirement

A

Bradbury

49
Q

Directory procedural requirement

A

Coney

50
Q

Would Parliament have intended the consequences of non-compliance to invalidate a decision and render it unlawful?

A

Soneji

51
Q

Damages cannot be awarded just because a claimant has a ground of challenge.

A

Dunlop

Public Law (5 decks)

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