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Constitutional and Administrative Law > Procedural Impropriety > Flashcards

Procedural Impropriety Flashcards

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1
Q

Aylesbury Mushrooms

A

Failure to comply with statutory procedural requirements would invalidate the decision

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2
Q

R v Soneji

A

Focus on material problem to the decision - did Parliament intend that non-compliance with procedural requirement would result in the decision being invalid?

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3
Q

JN (Cameroon)

A

Focus on consequences to the decision

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4
Q

Heron

A

Minor irregularities in road signs did not invalidate penalty notice charges

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5
Q

Moseley

A

Requirement of consultation means ‘meaningful participation by those consulted’
Needed to be provided with outline of realistic alternatives to proposals and reasons for preferred policy

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6
Q

Ridge v Baldwin

A

Duty of fairness applies to all decision makers in all decisions

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7
Q

GCHQ

A

Duty to act fairly does not apply where concerns over national security exist

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8
Q

Ex parte Pegasus Holdings

A

Duty to act fairly does not apply in emergency cases where public safety demands urgent action

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9
Q

R v Cambridgeshire AHA ex parte B

A

Duty to act fairly does not apply in resource allocation cases

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10
Q

Durayappah

A

Level of duty depends on nature or status of the post, the circumstances leading to the decision and the sanction itself

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11
Q

Lloyd v McMahon

A

Duty to act fairly does not apply where claimant has waived their rights to fairness
Sliding scale - higher the loss = higher level of fairness
Type of body making decision
Type of decision being made
Regulatory decisions require higher duty of fairness than administrative decisions
Oral hearings not always required - writing will be required

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12
Q

Ex parte Tilling

A

Licence applications must be heard with a fair and unbiased mind

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13
Q

Liverpool Taxis

A

Licensing must be determined in an environment of fairness

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14
Q

McInnes v Onslow-Fanne

A

Factors to consider
Livelihood at stake
Application v forfeiture
Legitimate expectation

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15
Q

Abbey Mine v Coal Authority

A

Commercial matters do not require disclosure of other companies’ applications

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16
Q

R v Dunraven School, ex parte B

A

Must have notice of case against them

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17
Q

Ex parte Benaim and Khaida

A

Not required to give full reasons to protect confidential sources of information

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18
Q

Errington v Minster for Health

A

Evidence had been heard from one side in absence of the other

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19
Q

Ex parte Thorpe

A

Absence of notice may not be unlawful if immaterial

20
Q

Ex parte Polemis

A

Must have reasonable time to respond to the case against them

21
Q

Bank Mellat (No 2)

A

Not given chance to respond - not justified on national security grounds

22
Q

BSkyB v Metropolitan Police

A

Injunction against broadcasting documentary made on basis of hearing with claimants not present - reasons should have been given (position of loss)

23
Q

R (Wright) v SoS Health

A

Must have the right to make written representations before merits of case were decided

24
Q

Ex parte Anderson

A

Oral hearing will depend upon subject matter and substantial issues of fact that cannot be resolved by written application

25
Q

R (Smith & West) v Parol Board

A

Oral hearing would be appropriate when assessing character or allowing prisoner to raise mitigating factors
Revoking individual’s freedom could only be done after an oral hearing

26
Q

Mackay

A

No need for oral hearing where no issues of fact exist

27
Q

Osborn v Parole Board

A

Oral hearing could promote accountability and transparency
When liberty is at stake - oral hearing would be appropriate
Should guard against temptation to refuse oral hearings as a means of saving time or expense

28
Q

Bourgass

A

‘Secretive decisions based on unchallengeable allegations were neither constructive nor appropriate’

29
Q

Wiseman v Borneman

A

Allowed for no initial oral hearing if understood one will take place later

30
Q

Ex parte St Germain

A

Should be able to call witnesses - seriousness of punishment

31
Q

Ex parte Hone

A

No general right to legal representation

32
Q

Pett v Greyhound Racing Association

A

Where body is legalistic in nature, legal representation should be allowed

33
Q

Ex parte Tarrant

A 
Factors to consider:
Seriousness of decision
Point of law in question
Ability to represent themselves
Need for speedy process
34
Q

Ex parte Hasan

A

No common law duty to give reasons

35
Q

Ex parte Doody

A

Should give reasons - accountability and good administration in public life

36
Q

Ex parte Murray

A

Should give reasons if no right to appeal, useful role in highlighting errors

37
Q

Ex parte Institution of Dental Surgery

A

Administrative decision - no need to give reasons due to complexity of decision and range of factors

38
Q

Ex parte Al Fayed

A

Only need to give partial reasons

39
Q

Ex parte McCarthy

A

Justice should not only be done, but should manifestly and undoubtedly be seen to be done

40
Q

Dimes v Grand Junction Canal

A

Direct interest = financial gain (automatically invalidates decision)
Necessity - if only person capable of making decision then cannot be disqualified for bias

41
Q

Porter v Magill

A

Indirect interest - is there a real possibility of bias from the point of view of the officious and informed bystander?

42
Q

Ex parte Godden

A

Pre-formed opinion (had already decided case) - indirect bias

43
Q

Franklin v Minister of Town and Country Planning

A

Government ministers will necessarily be biased towards government policy
As long as correct complaints procedure has been complied with, courts will not interfere

44
Q

Hannam

A

Teacher was dismissed by school governors who also sat on council empowered to approve or disapprove of her dismissal - indirect bias

45
Q

Ex parte Quietlyn

A

Democratically elected persons should be entitled to hold strong views on matter of interest to the electors, as long as they considered individual applications

Constitutional and Administrative Law (8 decks)

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