Flashcards
Grounds for Judicial Review - Procedural Impropriety
Cards in this deck (22)
- 1Procedural ImproprietyThe validity of the decision made by a public authority may also be challenge on procedural grounds.
- 2Procedural ultra viresThe statutory framework governing the decision-making powers of a public authority may specify the procedural requirements that are to be followed when the authority makes decisions.
- 3Types of procedural ultra viresThere are two forms; MANDATORY PROCEDURAL REQUIREMENTS which are compulsory and DIRECTORY PROCEDURAL REQUIREMENTS which will not render a decision void but substantial compliance will be needed in some circumstances.
- 4BRADBURY V ENFIELD BOROUGH COUNCILA local authority failed to give adequate public notice of the plan to change the statute of schools. Therefore, they acted procedural ultra vires.
- 5Procedural fairnessThe rules governing procedural fairness are often concerned with the rights and abilities that individuals should have when facing a trial or hearing. Failure to comply with these elements will make a decision void for a failure of procedural fairness.
- 6CHIEF CONSTABLE OF NORTH WALES V EVANSAdvance notice of the case is to be met.
- 7EX PARTE POLEMISA reasonable amount of time to prepare a response in required.
- 8MICINNES V ONSLOW FANEAn opportunity to make representation must be given.
- 9EX PARTE ANDERSONThe hearing does not necessarily have to take an oral form.
- 10EX PARTE ST GERMAINECross examination of persons who may have made an adverse statement to the decision maker must be allowed.
- 11EX PARTE TARRANTLegal representation for prisoners is allowed. Whether or not legal representation will be allowed will depend on factors such as the prisoner's ability to present the case, the seriousness of the charge and any procedural difficulties that may arise.
- 12EX PARTE INSTITUTE FOR DENTAL SURGERYThere is no general duty under the common law that requires a decision maker to give reasons for his decision.
- 13EX PARTE DOODYWhere the subject matter of the decision involves a right or interest highly regarded by the law, a reason must be given as of right for the decision that has been made.
- 14EX PARTE CUNNINGHAMWhere the decision that has been reached appears aberrant and there is prima facie evidence that something has gone wrong, a reason for the decision should be given.
- 15MCKENZIE V MCKENZIEParties are entitled to a McKenzie friend - this being that they are entitled to have assistance, lay or professional, unless under exceptional circumstances.
- 16The rule against biasA decision-maker must not act impartially or, at least, must appear to have done so.
- 17DIMES V GRAND JUNCTION CANALAny decision maker that has a direct financial or personal interest in a decision is automatically disqualified from making a decision in this scenario.
- 18EX PARTE PINOCHETThis was extended to include judges who had a connection with a party that was advocating a cause in a case that they were hearing.
- 19BOVIS HOMES LTD V NEW FOREST DISTRICT COUNCILFurther confirmed the case of Pinochet.
- 20RE MEDICAMENTS AND RELATED CLASSES OF GOODSThe test for establishing bias is 'whether, having regard to the circumstances in which the suspicion of bias arose, a fair-minded and informed observer would conclude that there was a real possibility or a real danger that the judge was bias'.
- 21PORTER V MAGILLThe new test for bias was confirmed - removing the phrase 'real danger'.
- 22R V INSTITUTE OF LEGAL EXECUTIVES APPEAL TRIBUNALLord Bingham held 'It is in my opinion clear that justice is not seen to be done if one discharging the very important neutral role of the juror is a full time salaried, long-serving employee of the prosecution'.
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- LLB Constitutional and Administrative Law Flashcards on Grounds for Judicial Review - Procedural Impropriety, created by Chantal Briancon on 27/04/2016.
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- Chantal Briancon
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