Procedural Impropriety Flashcards
Direct Social Bias
Ex p Pinochet Ugarte (No. 2)
Objective Indirect Bias Test
Porter v Magill
‘Would a fair-minded and impartial observer conclude that there had been a real possibility of bias’
Breach of Mandatory Requirement
Bradbury v Enfield
Breach of Directory Requirement
Coney v Choyce
Natural Justice
‘It is implied, unless the contrary appears, that parliament doesn’t authorise by statute the exercise of powers in breach of natural justice’
Fairmont Investments v Sec. of State for Environment
No general duty to give reasons for administrative decisions
Hanson v Sec of State for Industry
Duty to give reasons when significant public interest
Ex p Doody
Cross examination should be permitted when appropriate
Ex p St Germain
Categories of claimant
Moines v Onslow-Fane
Forfeiture
Legitimate Expectation
Applications
All claimants entitled to fair and reasonable hearing
Lloyd v McMahon
Leeway on application refusals which cast doubt on good character
Ex p Benaim Khaida
Nature of hearing depends upon expectation created
Ex p Liverpool Taxi Fleet Operators
Must be given notice and chance to refute evidence at any decision
Ridge v Baldwin
Direct Financial or Proprietary Bias
Dimes v Grand Junction Canal Proprietors
