100962
Description
Mind Map by alex.ariel, updated more than 1 year ago
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Created by alex.ariel
almost 11 years ago
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Procedural Impropriety
- Definition: Decisions that do NOT follow correct procedure
- Rules created by judiciary and never been
challenged by legislature, implying they are
accepted by it: Fairmount investments: Russell in
- Rules created by judiciary and never been
challenged by legislature, implying they are
accepted by it: Fairmount investments: Russell in
- Rule against BIAS
- Direct Bias = courts quash decision
- Financial Interest: Dimes
- Non-pecuniary Interest: ex p Pinochet
- Financial Interest: Dimes
- Indirect Bias: ex p Hook (tribunal
judges/panel - side room)
- Test: whether ‘fair-minded and impartial
observer would conclude there had been a
real possibility of bias’: Margill v Porter
- Test: whether ‘fair-minded and impartial
observer would conclude there had been a
real possibility of bias’: Margill v Porter
- Direct Bias = courts quash decision
- Right to a FAIR HEARING
- Definition: Right to a hearing that is fair and
reasonable in the circumstances: Lloyd v McMahon
- Rights depend on Interest:
McInnes v Onslow-Fane - 3 categories
- Forfeiture Case
- Right to know the case against themselves and an
opportunity to refute evidence granted: Ridge v Baldwin
- Right to know the case against themselves and an
opportunity to refute evidence granted: Ridge v Baldwin
- Legitimate expectation
- ex p Liverpool Taxi Fleet: promise
to inform must be followed
- ex p Asif Khan: decision
based on reason not listed
in guidance, Held, quashed
- ex p Liverpool Taxi Fleet: promise
to inform must be followed
- Application cases
- Mcinnes v Onslow-Fane: no
reason or a hearing was required
for refusal boxing licence
- R v Gaming Board: duty to hold
a hearing but not give reasons
when refusing casino licence
- Mcinnes v Onslow-Fane: no
reason or a hearing was required
for refusal boxing licence
- Further points
- No right to fair hearing if ruling
ONLY preliminary: Lewis v Heffer
- Right to Reasons: no automatic duty (Hassan),
UNNLESS decision looks aberrant (ex p
Cunningham) OR reasoning is in the public interest
- Right to oral hearing IF fair and
reasonable in circs: Lloyd v McMahon
- Cross examination
permitted if fairness in circs
required: ex p St Germain
- No right to fair hearing if ruling
ONLY preliminary: Lewis v Heffer
- Forfeiture Case
- Definition: Right to a hearing that is fair and
reasonable in the circumstances: Lloyd v McMahon
- Procedural Ultra Vires
- Definition: statutory
procedural requirements for
exercise must be followed
- Procedure = Mandatory
Requirement - Decision quashed
- Bradbury: NO COMPLIANCE whatsoever
(no notice put up in school at all)
- Bradbury: NO COMPLIANCE whatsoever
(no notice put up in school at all)
- Procedure = Directory
Requirement - court decides
whether to quash the decision
- Coney v Choyce: compliance
+ incorrect compliance
- Soneji: court should consider
what Parliament would have
intended non-compliance w/
the statutory procedure to
invalidate the decision
- Coney v Choyce: compliance
+ incorrect compliance
- Definition: statutory
procedural requirements for
exercise must be followed
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