Relevancy Doctrine

Question 1

Tesco Stores

Answer 1

The amount of weight ascribed to the relevant factors previously ignored is at the public authority’s discretion, subject to Wednesbury

Question 2

Padfield

Answer 2

Illustrates that the decision-maker is free to reach the same decision as before provided he does not consider irrelevant matters

Question 3

Why does the relevancy doctrine fall under substantive rather than procedural grounds of review?

Answer 3

It goes beyond requirements of procedural fairness because it ensures matters raised during a fair hearing are ACTUALLY TAKEN ACCOUNT OF when decisions are made

Question 4

How might we identify legally relevant factors?

Answer 4

CREEDNZ –
o The more general and obviously important the consideration, the readier the court must be to hold that Parliament meant it to be considered
o A legally relevant consideration must be one that the authority is obliged to consider and not merely one he should consider

Question 5

Venables (precedent)

Answer 5

If D is exercising a function closely analogous to a judicial function he is under a duty to consider only those factors a judge would consider

Question 6

Venables (ratio)

Answer 6

By considering public clamor that the case should have a particular outcome (rather than general public concern, which was relevant) the Home Secretary had regard to an irrelevant consideration and misdirected himself in law

Question 7

What is the essence of the relevancy doctrine?

Answer 7

D is required to consider all legally relevant factors and disregard all irrelevant factors when making his decision.