Ultra Vires Flashcards
Chief Constable of North Wales Police v Evans [1982]
Not the decision but the decision-making process
Garda Representative Association v Ireland [1994]
Cannot interfere just because of different inferences
ACT Shipping (PTE) Ltd v Minister for the Marine [1995]
Barr J ‘the court cannot interfere…merely on the grounds that…it is satisfied that on the facts as found it would have raised different inferences and conclusions’.
Henry Denny and Sons (Ireland) Ltd v Minister for Social Welfare [1998]
Courts should be slow to interfere with the decisions of expert administrative tribunals but where conclusions are based upon an identifiable error of law or an unsustainable finding of fact by a tribunal such conclusions must be corrected
Rawson v Minister for Defence [2012]
The decision must be within the power of the body.
The process leading to the decision must comply with fair procedures and with procedural rules.
The decision-maker must address the correct questions in order to exercise the relevant power and must have regard to any necessary factors properly taken into account and must exclude considerations not permitted.
In answering the questions and in assessing all matters properly taken into account the decision-maker must come to a rational decision.
Sweeney v Fahy [2014]
The distinction between unlawfulness, which can give rise to a decision being quashed on judicial review, and incorrectness, which can not, remains.
International Transport Roth GmbH v Secretary of State for the Home Department [2003]
Unsure?
R. (Countryside Alliance) v Attorney-General [2008]
The degree of respect to be shown to the considered judgment of a democratic assembly will vary according to the subject matter and the circumstances.
Bunbury v Fuller (1853)
No court or tribunal of limited jurisdiction could confer original jurisdiction on itself by making an incorrect decision on a collateral issue where jurisdiction depended on a collateral issue.
Anisminic Ltd v Foreign Compensation Commission [1969]
Anisminic rendered obsolete the distinction between errors of law on the face of the record and other errors of law by extending the doctrine of ultra vires
R v Hull University Visitor [1993]
If the decision-maker exercises his powers outside the jurisdiction conferred, in a way which is procedurally irregular or is Wednesbury unreasonable= ultra vires.
Any error of law made by an administrative tribunal or inferior court in reaching its decision can be quashed for error of law.
