Judicial Review

Question 1

2 cases on improper purpose?

Answer 1

1. If primary is proper, decision may stand - Westminster Corp v LNWR.
2. If primary is improper, decision reviewable - ex parte Westminster City Council.

Question 2

Minimum claimant can expect for hearing to be fair? Case.

Answer 2

Fair and reasonable in all circumstances - Fairmount Investments.

Question 3

2 cases to define ‘fair and reasonable’ hearing? Cases.

Answer 3

1. Good faith and both sides heard - Rice v Board of Education.
2. Know case against you and right to reply - Fairmount Investments.

Question 4

2 cases suggesting when there is right to know the reasoning behind a decision.

Answer 4

1. Decision is aberrant - ex parte Cunningham.

2. Where there is a serious impact on claimant’s liberty and rights - ex parte Doody.

Question 5

When will non-compliance with mandatory requirement be reviewable?

Answer 5

Requirement is an “important procedural safeguard” and non-compliance “substantially prejudices” claimant - Bradbury v Enfield.

Question 6

How can qualified right be justified?

Answer 6

1. Prescribed by law.
2. Legitimate aim (see subsection 2 of Article).
3. Proportionate.

Question 7

Test for proportionality? Case.

Answer 7

Daly:

1. Purpose is sufficiently important.
2. Measure rationally connected.
3. Does no more than necessary.