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53 Cards in this Set
- Front
- Back
O'Reilly |
Public law issue? |
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Datafin |
TEST for does it involve a public body? |
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National Federation of the Self Employed |
Does the claimant have sufficient interest in the claim? |
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World Development Movement |
Sufficient interest? Pressure groups factors. |
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Finn-Kelcey |
Application for JR may still be rejected even if filed within 3 month time limit if it has been done with undue delay. |
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Section 31(3) Senior Courts Act |
Says claimant must have sufficient interest in claim |
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Section 31(6) Senior Courts Act |
Courts may refuse a claim where there has been "undue delay" |
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Jackson |
Claim may exceed 3 months if good reason such as waiting for legal aid. |
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Anisminic |
Full Ouster Clause
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Ostler |
Partial Ouster Clause
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Goldstraw |
Implied Ouster Clauses |
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CCSU |
Lord Diplock identified 3 grounds for JR - illegality, irrationality, procedural impropriety |
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McCarthy & Stone |
Acting without legal authority (ultra vires) |
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Kensington |
Where involves both public and private proceedings, the public law issue can be brought up in private proceedings. |
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Vine |
Rule against delegation |
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Carltona principle |
Exception of the rule against delegation. |
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Local Government Act 1972 |
Local authorities can delegate to committees so long as they make a formal resolution to do so. |
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Lavender and Sons |
FETTERING DISCRETION |
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British Oxygen |
FETTERING DISCRETION |
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Anisminic |
Errors of law - in principle reviewable |
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Khawaja |
Errors of fact - which are JURISDICTIONAL are reviewable (go to the root of a public authority's capacity to act).
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Hopwood |
Failing to take into account relevant factors AND Taking into account irrelevant factors |
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Padfield |
Taking into account irrelevant factors |
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Congreve |
Improper purpose - not set out by Parliament (such as to raise revenue) |
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Westminster Corporation |
DUAL PURPOSE |
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ILEA |
DUAL PURPOSE |
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Wednesbury |
IRRATIONALITY |
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Wheeler |
Applied the Wednesbury principle |
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Fairmount Investments |
Set out rules of natural justice, which are: |
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Dimes |
DIRECT bias where there is an interest leading to financial gain |
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Pinochet |
DIRECT bias where the decision maker is involved in promoting the same cause as a party in the case |
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Magill |
Test for bias
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Hook |
Applied Magill test for bias |
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Rice |
Duty on decision makers to act in good faith and listen fairly to both sides |
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Fairmount Investments |
Claimants should know the case against them |
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McMahon |
Hearing should be fair and reasonable |
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St Germain |
Claimants may require cross examination of witnesses
|
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Baby P |
Claimants must have the opportunity to explain their conduct if they are an "accountable" public servant |
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McInnes |
SET OUT TEST FOR TYPES OF CASES AND FAIRNESS |
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Baldwin |
Forfeiture Case |
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Liverpool Taxi Fleet Operators |
Legitimate Expectation Case |
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Asif Khan |
Legitimate Expectation Case |
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Heffer |
There is no right to seek JR if decision is only preliminary not final |
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Hasan |
No duty for public bodies to give reasons for their decisions |
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Cunningham |
Where a decision appears "aberrant" |
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Doody |
Where there is serious impact on a person's right and personal liberty |
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Soneji |
PROCEDURAL ULTRA VIRES |
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Bradbury |
PROCEDURAL ULTRA VIRES If requirement is mandatory the decision will be quashed as it makes it invalid |
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Choyce |
PROCEDURAL ULTRA VIRES If requirement is directory the decision may not be quashed |
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s.6(1) Human Rights Act 1998 |
Public bodies must act compatibly with Convention rights. |
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Marper |
TEST where a QUALIFIED right is in breach: |
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Daly |
Proportionality test for "NECESSARY IN A DEMOCRATIC SOCIETY" |
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Maguire |
In absence of a claim in negligence or contract there is no right to damages |