Judicial Review

dordorftw
Flashcards by dordorftw, updated more than 1 year ago
dordorftw
Created by dordorftw about 7 years ago
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Flashcards on Judicial Review, created by dordorftw on 04/28/2014.

Resource summary

Question Answer
CCSU v Minister for the Civil Service [1985] AC 374 Prerogative powers are reviewable - Sets out grounds of review
CPR PD54 (Judicial Review) 2000 Governs the procedure and remedies of judicial review
R v Dairy Produce Quota Tribunal ex p Caswell [1990] 2 All ER 434 All remedies are discretionary
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 Judicial review is distringuishable from appeal on the absis that it reviews procedure used by public bodies rather than the merits of the decision
R v Panel on Takeovers and Megers, ex parte Datafin (1987) A public body is a body performing governmental functions
R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan (1993) Jockey club was declared not to be a public body
R v IRC ex parte National Federation of Self Employed and Small Businesses Ltd [1982] AC 617 No sufficient interest as it was not their taxes
R v Secretary of State for Foreign Affairs ex parte World Development Movement [1995] 1 All ER 611 Sufficient interest as those affected couldn't apply themselves and represented those affected
Anisminic v Foreign Compensation Commission (1969) Complete ouster clauses are ineffective
Barnard v NDLB [1953] 1 All ER 1113 Delegates cannot delegate power unless said so in the act
British Oxygen v Board of Trade [1971] AC 610 Discretion must be exercised in each individual case
Padfield v MAFF [1968] AC 997 Discretionary powers cannot be refused when enacting act says they should be used - Ministers should consider purpose and context within statute when exercising discretionary power
Wheeler v Leicester City Council [1985] 2 All Er 1106 South African rugby players not allowed to visit home due to apartheid
Port Talbot Council ex p Jones [1988] 2 All ER 207 Woman moved up housing list because she was a councillor
Asssociated Provincial Picture Houses v Wednesday Corporation [1948] 1 KB 223 Wednesbury unreasonableness test
Bow Street Metropolitan Magistrate ex p DPP [1992] COD 267 Police officers setting up individuals not convicted
Aylesbury Mushrooms [1972] 1 All ER 280 Specific party left out of consultation which was required by statute - policy decision ruled not to apply to specific party
R v Secretary of State for Social Services ex p AMA [1986] 1 All ER 164 Statutory requirement to consult not fulfilled - declaration of the law as remedy
R v Sussex Justices ex p McCarthy [1924] 1 KB 256 Lord Hewart CJ: "It is not merely of some important but of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done"
Gough [1993] 2 All ER 724 OLD LAW - Must be a perceived danger of bias to the reasonable person
Porter v Magill [2001] UKHL 67 Lord Hope: "Question is whether the fair minded and informed observer, having considered the facts would conclude that there was a real possibility that the tribunal was biased"
Ridge v Baldwin [1964] AC 40 First use of principle when a Chief Constable was fired without a chance to defend himself
R v Thames Magistrates' Court ex p Polemis [1974] 1 WLR 1371 He must have sufficient time to prepare his own case
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