Flashcards
Illegality
Flashcards do conjunto (19)
- 1D&J Nicol (1915)Lawful authority
ultra vires s190 of Dundee Harbour and Tay Ferries Consolidation Act 1911 (power to maintain/operate ferry service across Tay) to operate commercial cruise service. - 2Duncan Ferguson v SFA (1996Lawful authority
ultra vires SFA rules for disciplinary committee to suspend footballer for assault on opponent during match missed by referee but caught on camera. Rules require referee to report incident in order for disciplinary committee to take action. - 3McColl v Strathclyde Regional Council (1983)Lawful authority
statutory duty to provide ‘wholesome water’ – read narrowly = remove contaminants; read widely = make MORE wholesome (here, by adding fluoride). Should give reading (here the narrow one) which encroaches least upon rights of individual. Addition of fluoride therefore ultra vires. - 4Ealing London Borough Council case (1986)Do what powers require you to do
unlawful for local authority not to stock the Times and other News International publications in solidarity with striking print workers. Statutory duty to provide comprehensive library service. - 5Padfield case (1968)Do what powers require you to do
DM cannot use discretionary power to frustrate aims of statute (here Minister refused to exercise discretionary power to submit complaint re: milk pricing to regional board as per the relevant statutory scheme) - 6RM v Scottish Ministers (2013)Do what powers require you to do Scottish Ministers acted unlawfully in failing to certify certain patients and hospitals as ‘qualifying’ patients/hospitals for the purpose of allowing patients to appeal the conditions of detention. Failure so to certify meant no one was possessed of the right contained in the statute. Applying Padfield (above) minister had exercised (or failed to exercise) discretion in a way which frustrated the aims of the statute
- 7Glasgow Corpn case (1936)reasonably incidental
production of stationery incidental to statutory duty of local authority to supply stationery to state schools - 8Fulham Corpn (1921)reasonably incidental
paid laundry service not reasonably incidental to duty to ensure facilities available to wash clothes (due to its commercial nature) - 9Derbyshire County Council case (1991)Disc powers not to be exercised in bad faith
bad faith for local authority to withhold job adverts for school posts from Times Education Supplement. Motive was spiteful response to Times articles critical of the local authority - 10Porter v Magill (2001)Disc power not exercised for improper purpose
sale of council housing stock to private sector for improper purpose where aim is to replace likely Labour with likely Tory voters - 11PadfieldDisc power not exercised for improper purpose
the minister acted in order to save political face he was held to have acted for an improper purpose - 12Somerset CC, ex p Fewings case (1995)Cannot take into account irrelevant considerations
Majority (Lord Bingham) cruelty/ethical considerations (here around a ban on deer hunting) irrelevant to council’s powers to manage its land (in dissent Brown LJ said these are necessary elements of the balancing exercise undertaken by local authorities and so they were entitled to decide as they did) - 13ex p Venables (1997)Cannot take into account irrelevant considerations
public opinion and media campaign irrelevant to sentencing power of Home Sec over child murderers (here relating to the child killers of James Bulger) - 14Sainsbury’s case (2010)Cannot take into account irrelevant considerations
UKSC split 4:3 on whether Tesco’s promise to develop a second plot of land was relevant to the decision to support application by Tesco or Sainsbury to build supermarket in local authority area (majority view that this was irrelevant; dissenting view that local authority entitled to consider broader public interest) - 15Kelly v Monklands DC (1986)Do not fail to take account of relevant considerations
unlawful failure to take account of report by DSS in determining whether petitioner was a ‘vulnerable person’ for the purpose of social housing provision - 16City Cabs case (1988)Do not fail to take account of relevant considerations
council invited company to report to it on demand for taxis and provision of new licenses – company instructed consultants to report to them on this. Company recommended increase of 350 but failed to notify council of much smaller recommendation (50) by the consultancy - 17Bromley v GLC (1982)what constitutes a(n ir)relvant consideration
mandate commitment to raise rates to subsidise public transport irrelevant – local authority has fiduciary duty to all constituents not just those who voted for it - 18Tameside (1977)what constitutes a(n ir)relvant consideration
a Tory manifesto commitment to reverse previous previous Lab council’s policy of converting grammar to comprehensive schools was relevant in response to order by Lab central government to carry through the change - 19Barry case (1997)what constitutes a(n ir)relvant consideration
limited resources relevant in considering ‘need’ of chronically sick and disabled persons when individual’s provision was cut – parliament could not have intended for need to be assessed independent of the ability to meet that need