procedural impropriety

Question 1

procedural impropriety definition

Answer 1

unfairness in the decision making process

Question 2

2 sub grounds for procedural impropriety

Answer 2

1. the rule against bias
2. the right to a fair hearing

Question 3

define rule against bias

Answer 3

when the decision maker didnt approach the task with the necessary degree of impartiality

Question 4

Mccarthy

Answer 4

solicitor involved in criminal proceedings against mccarthy following a road traffic accident, also sat as a clerk in a civil case arising out of the same accident

Question 5

what falls under rule against bias 4

Answer 5

1. bias
2. financial bias
   3.personal bias
3. pre-determination of an issue

Question 6

what falls under the right to a fair hearing 4

Answer 6

1. notice
2. consultations
3. hearings
4. reasons

Question 7

mccarthy quote lord hewart

Answer 7

justice must not just be done, but should manifestly and undoubtedly be seen to be done

Question 8

case for financial bias

Answer 8

dimes
- creates an appearance of bias

Question 9

case for personal bias

Answer 9

Pinochet

Question 10

porter test

Answer 10

• circumstances where the judge might be biased must be asked ‘if those circumstances would lead a fair minded and informed observer who considered the facts to conclude there was a real possibility or a real danger that the tribunal was biased
• designed to be objective

Question 11

pre determination of an issue

Answer 11

decision maker already reached a conclusion, approaches the decision with a closed mind

Question 12

case for notice

Answer 12

anufrijeua

Question 13

lord steyn notice anufreijeua quote

Answer 13

notice is required so the individual can challenge the decision in the courts if they wish, this is an application of the right to justice, a fundamental constitutional principle of our legal system

Question 14

5 case for consultations

Answer 14

bapio
gunnings
baker
greenpeace
r v shropshire council

Question 15

3 cases for hearings

Answer 15

osborne
ex parte hooke
mcinnes v onslow fane

Question 16

3 cases for reasons

Answer 16

cunningham
doody
institute of dental surgery

Question 17

what is the sedley criteria

Answer 17

1. consultation must be at a time when proposals are still in the formative stage
2. ‘The proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response’
3. Adequate time must be given for consideration and response’
4. The product of consultation must be conscientiously taken into account in finalising any statutory proposals.’

Question 18

whats needed for the right to a fair hearing

Answer 18

• depends on the type of interest at stake
• courts require it in cases where the affected parties are sufficiently serious

Question 19

baker

Answer 19

consultations
- care homes

Question 20

greenpeace

Answer 20

consultations
- government white paper

Question 21

osborne

Answer 21

hearings
- parole board decision

Question 22

ex parte hooke

Answer 22

hearings
- stallholder

Question 23

mcinnes v onslow fane

Answer 23

hearings
- british boxing board

Question 24

r v shrophire council

Answer 24

• hearings
  day care centre closed

Question 25

unfairly dismmissed

cunningham

Answer 25

• reasons
  prison officer unfairly dismissed

Question 26

tariff

doody

Answer 26

• reasons
  home sec increase minimum tariff of claimants life sentence

Question 27

institute of dental surgery

Answer 27

• reasons
  lost as interests at stake werent sufficiently serious enough to trigger common law duty