JR Claim: Grounds

[Flash Card 1 of 3]

Illegality:

• Lord Diplock: failure to understand correctly the law that regulates his decision making power (GCHQ)

Error of law:

• Misinterpreting legislation / nullity if impossible made same decision if understood (Anisminic)

Ultra vires:

• Exceeding powers given by statute (Fulham Corp)

Error of fact:

• Jurisdiction ( Khawaja) / fact must be proved (Coleen Properties)

Considerations:

• Irrelevant factors test unauthorised purpose: material influence (ILEA) / dominant purpose (LNWR)

Fettering discretion:

• Policy: must be flexible (Williams) / not under dictation of another (Lavender & Son)

Unauthorised delegation:

• Statutory discretionary power (Barnard) / civil service act of Minister (Carltona)

Convention rights:

• HRA S6 unlawful for public body to act incompatibly / fail to consider Convention insufficient (Miss Behavin')

bits of law

JR Claim: Grounds

[Flash Card 2 of 3]

Irrationality:

• Wednesbury unreasonableness: so unreasonable that no reasonable body could have come to the decision / also procedural unfairness (Wheeler)
• GCHQ: so outrageous in its defiance of logic or accepted moral standards that no sensible person
• No evidence considered / no reasons given / defy logic (Coleen Properties)
• Resource allocation / matter for Parliament not courts (Nottinghamshire CC v SS for Environment)

Procedural Impropriety:

Procedural ultra vires:

• Statutory procedural requirement ( Soneji)

Natural Justice:

• Rules apply to decision-makers / authority to determine questions affecting the rights of individuals (Ridge v Baldwin)
• All circumstances fair (Cottrell)

Fair hearing:

• Right to notice / make representations / legal representation (Ridge v Baldwin)
• Fair opportunity to state case (Fairmount Investments)
• cross examine witnesses: necessary prisoner case (St Germain) / not investigative procedure (Cottrell)
• Decision-maker: must act in good faith and listen fairly to both sides (Board of Education v Rice)
• McInnes v Onslaw-Fane: type of applicant determine level of hearing / forfeiture: right or position taken away (oral hearing) / mere application: refusal to grant (acting in good faith)

bits of law

JR Claim: Grounds

[Flash Card 3 of 3]

Procedural Impropriety:

Legitimate expectation:

• Express promise / existence of regular practice / cl. can reasonably rely upon / must arise in mind of cl. ( GCHQ )
• Procedural: not follow promised or normal procedure (Liverpool Taxis) / substantive: led someone to believe will receive a benefit (Coughlan)
• Expectation formed in mind due to conduct of decision maker / breached / expectation reasonable or justifiable / not capable of being overridden by public interest

Bias:

• Injustice ( Re Medicaments & Related Classes of Goods)
• Automatic disqualification: pecuniary (Dimes) / involved in promoting same cause as a party (Pinochet)
• Apparent bias: objective test / fair-minded & informed observer / conclude real possibility of bias (Porter v Maghill)
• Not disqualified if only person who can take decision / statutory obligation

Duty to give reasons:

• Statutory requirement / affects claimant so seriously fairness requires (Doody) / no reasons precludes review (Cunningham)

ECHR Article 6:

• Right to fair trial / restrictive approach: independent decision not subject (Alconbury)

bits of law