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Public Law > Judicial Review Cases > Flashcards

Judicial Review Cases Flashcards

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1
Q

Is the defendant a public body

A

Datafin test

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2
Q

Nature of power of the body

A

YL v Birmingham city council

Does the body exercise public law functions

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3
Q

Procedural exclusivity

A

O’Reilly v Mackman

Does the claim raise public law issues

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4
Q

Exception to procedural exclusivity

A

Gillick v West Norfolk

If case raises both public and private law issues, have a choice between JR and PL proceedings

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5
Q

Does claimant have sufficient interest to bring a claim

A

s.31 SCA 1981

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6
Q

Is the claimant directly and adversely affected by the matter

A

The national federation of self-employed and small businesses

Does the claimant have sufficient interest to make a claim

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7
Q

When dealing with pressure groups seeing if they have sufficient interest

A

World Development Movement

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8
Q

Court may refuse if there’s been undue delay

A

S.31(6) SCA

Is the claimant within the time limit

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9
Q

Claimant must file claim promptly within a maximum of 3 months

A

Civil Procedure Rule 54.5

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10
Q

Complete ouster clauses

A

Anisminic v Foreign Compensation Commission

Exclusion of judicial review

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11
Q

Held that partial ouster clause stated judicial review claim had to be brought within 6 weeks

A

Ostler

Exception to time limits

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12
Q

Must exhaust other options before bringing claim for JR

A

Preston

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13
Q

The case that held there are 3 grounds for review

A

CCSU

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14
Q

Without lawful authority

A

McCarthy v Stone

Illegality

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15
Q

Wrongful delegation

A

Vine

Illegality

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16
Q

Exceptions to wrongful delegation

A

Carltona

  • Doesn’t apply to government ministers

Illegality

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17
Q

Exceptions to wrongful delegations

A

S101 LGA 1972

Lawful for councils to delegate to committees provided its done under guidelines

Illegality

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18
Q

Ferreting of discretion, Acting under the dictation of another

A

Lavender v Sons

Illegality

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19
Q

Ferreting of discretion, formulating a general policy as to the exercise of discretion

A

British Oxygen

Illegality

20
Q

Improper/ unauthorised use of an Act

A

Congreve

Where a public body acts for ends not provided for by Parliament
Unauthorised purpose

Illegality

21
Q

The decision will stand if the primary purpose was the proper one

A

LNWR

Dual purpose
Illegality

22
Q

Did the authority pursue an unauthorised purpose which materially influenced the decision

A

ILEA

Dual purpose
Illegality

23
Q

Taking an irrelevant factor into account

A

Padfield

Considerations
Illegality

24
Q

Ignoring a relevant factor

A

Roberts

Considerations
Illegality

25
Q

Errors in law

A

Anisminic

Illegality

26
Q

Errors of fact

A

Khawaja

Illegality

27
Q

Must be so unreasonable that no reasonable authority could ever come to it

A

Wednesbury

Irrationality

28
Q

So outrageous in its defiance and logic that no sensible person could have arrived at it

A

CCSU

Irrationality

29
Q

It is possible for public authorities to fail the test

A

Wheeler v Leicester City Council

Irrationality

30
Q

Courts will consider whether Parliament would have intended consequences of non-compliance to invalidate decision and render it unlawful

A

R v Soneji

Statutory procedures
Procedural impropriety

31
Q

Consider whether there has been failure to substantially comply

A

Coney

Statutory procedures
Procedural impropriety

32
Q

If requirement is mandatory the decision will be quashed

A

Bradbury

Statutory procedures
Procedural impropriety

33
Q

Where an interest may lead to financial/pecuniary gain, this will be bias

A

Dimes

Direct Bias
Procedural impropriety

34
Q

Where decision-maker is involved in promoting sane cause as claimant

A

Pinochet

Direct bias
Procedural impropriety

35
Q

If bias is indirect, court must consider this test in order for the decision to be quashed

A

Porter v Magill

Indirect bias
Procedural impropriety

36
Q

Second part of Porter v Magill test

A

Hook

How the decision would look to an observer

37
Q

There’s a duty on decision makers to act in good faith and listen fairly to both sides

A

Rice

Right to fair hearing
Procedural impropriety

38
Q

Claimants should know case and have right to reply

A

Fairmount

The right to a fair hearing
Procedural impropriety

39
Q

Claimant is entitled to fair hearing which is fair and reasonable in all circumstances

A

Lloyd v McChahon

Right to fair hearing
Procedural impropriety

40
Q

Concept of fairness is flexible and varies according to category of case

A

McInnes v Onslow-Fane

Right to fair hearing
Procedural impropriety

41
Q

Forfeiture cases

A

Ridge v Baldwin

Right to fair hearing
Procedural impropriety

42
Q

Procedural limited expectation

A

Asif Khan

Right to fair hearing
Procedural impropriety

43
Q

Substantive legitimate expectation

A

Coughlan

Right to fair hearing
Procedural impropriety

44
Q

There is no right to seek JR if decision is preliminary and not final

A

Lewis v Heffer

Limitations to right to a fair hearing
Procedural impropriety

45
Q

There is no legal duty for public bodies to give reasons for their decision

A

Hasan

Limits to right to fair hearing
Procedural impropriety

Public Law (13 decks)

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