Judicial Review - Grounds + Cases

Question 1

Test for reasonableness

Answer 1

Wednesbury 1948:
Lord Greene MR stated that a decision has to be “so unreasonable that no reasonable authority could have ever come to it”

Question 2

Extra for test of reasonableness + breakthrough case in Judicial review

Answer 2

GCHQ 1983:
Lord Diplock stated the decision has to be “so outrageous in its defiance of logic or accepted moral standards that no sensible person who applied his mind to the question to be decided could have arrived at it”

Question 3

Human rights within Judicial Review

Answer 3

Daly 2001:
Prisoners privacy - Upheld by the court (Post HRA)

Question 4

Illegality - Ultra Vires

Answer 4

A-G v Fulham cooperation 1921:
Public body acting outside of their power

Question 5

Procedural impropriety - Bias

Answer 5

Test for bias:

“the fair-minded and informed observer, having considered the relevant facts, would conclude that there was a real possibility that the tribunal was biased.”

Question 6

Procedural impropriety - Fair hearing

Answer 6

Cooper v Wandsworth board of works 1893:
There should be a fair hearing whenever any decision is made e.g right to appeal

Question 7

Procedural impropriety - Give reason for decision

Answer 7

Doody 1993 - A reason should be given
Institute of Dental surgery 1994 - Reason shouldn’t be given if its straightforward enough.

Question 8

Remedies

Answer 8

Quashing order - Invalidate the decision made entirely
Prohibiting order - Prohibit from making a decision
Mandatory order - make the public body do something specific