5263282
Description
Flashcards by Chantal Briancon, updated more than 1 year ago
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Created by Chantal Briancon
almost 8 years ago
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| Question | Answer |
| Procedural Impropriety | The validity of the decision made by a public authority may also be challenge on procedural grounds. |
| Procedural ultra vires | The 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. |
| Types of procedural ultra vires | There 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. |
| BRADBURY V ENFIELD BOROUGH COUNCIL | A local authority failed to give adequate public notice of the plan to change the statute of schools. Therefore, they acted procedural ultra vires. |
| Procedural fairness | The 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. |
| CHIEF CONSTABLE OF NORTH WALES V EVANS | Advance notice of the case is to be met. |
| EX PARTE POLEMIS | A reasonable amount of time to prepare a response in required. |
| MICINNES V ONSLOW FANE | An opportunity to make representation must be given. |
| EX PARTE ANDERSON | The hearing does not necessarily have to take an oral form. |
| EX PARTE ST GERMAINE | Cross examination of persons who may have made an adverse statement to the decision maker must be allowed. |
| EX PARTE TARRANT | Legal 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. |
| EX PARTE INSTITUTE FOR DENTAL SURGERY | There is no general duty under the common law that requires a decision maker to give reasons for his decision. |
| EX PARTE DOODY | Where 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. |
| EX PARTE CUNNINGHAM | Where 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. |
| MCKENZIE V MCKENZIE | Parties are entitled to a McKenzie friend - this being that they are entitled to have assistance, lay or professional, unless under exceptional circumstances. |
| The rule against bias | A decision-maker must not act impartially or, at least, must appear to have done so. |
| DIMES V GRAND JUNCTION CANAL | Any decision maker that has a direct financial or personal interest in a decision is automatically disqualified from making a decision in this scenario. |
| EX PARTE PINOCHET | This was extended to include judges who had a connection with a party that was advocating a cause in a case that they were hearing. |
| BOVIS HOMES LTD V NEW FOREST DISTRICT COUNCIL | Further confirmed the case of Pinochet. |
| RE MEDICAMENTS AND RELATED CLASSES OF GOODS | The 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'. |
| PORTER V MAGILL | The new test for bias was confirmed - removing the phrase 'real danger'. |
| R V INSTITUTE OF LEGAL EXECUTIVES APPEAL TRIBUNAL | Lord 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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