Judicial Review II - Procedural Impropriety

Question 1

Richardson

Answer 1

Instrumentalist v Process Value

Question 2

Ridge v Baldwin

Answer 2

CONTEXT

Natural Justice

Question 3

Doody 1994

Answer 3

CONTEXT
Presumption of fairness
Inform gist - impartial and open minded

Question 4

Pinochet No 2

Answer 4

BIAS

Hoffman - Amnesty Int’l - Discretionary

Question 5

Porter v Magill 2001

Answer 5

BIAS

Observer?

Question 6

Fayed 1997

Answer 6

FAIR HEARING

Notice (No Reasons)

Question 7

Re HK 1967

Answer 7

FAIR HEARING
Under 16 - natural justice
No judicial procedure - practicality and admin

Question 8

Benaim and Khaida 1970

Answer 8

FAIR HEARING
Opportunity to rebut
Policy consideration
Granting privileges

Question 9

Bushell v Environment Secretary 1980

Answer 9

FAIR HEARING

No judicalized procedure

Question 10

Begbil 1999

Answer 10

LEGITIMATE EXPECTATIONS
Abloish Scheme - NO LE
Legislation - enable, not require

Question 11

ABCIFER

Answer 11

WWII Compensate

Minister’s announcement not clear enough

Question 12

Bancoult 2008

Answer 12

Island - no LE

No long term promise or indication of weight

Question 13

Niazi 2008

Answer 13

LEGITIMATE EXPECTATIONS
Abolish scheme for miscarriage of justice
Policy - no termination date = until reason

Question 14

Wheeler 2008

Answer 14

LEGITIMATE EXPECTATIONS

Lisbon - LE cannot extend to public at large

Question 15

Coughlan 2001

Answer 15

LEGITIMATE EXPECTATIONS
NHS Housing close
Only require to bear in mind previous policy

Question 16

A v B 2009

Answer 16

PREVENTION OF JR

Judicial Body of like standing - constitutionally inoffensive

Question 17

Anisminic 1969

Answer 17

PREVENTION OF JR
Ouster clause - need clear words
Show nullity = no determination at all

Question 18

CAT v Upper Tribunal 2009

Answer 18

PREVENTION OF JR

JR abolish only by most clear words