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Flashcards in Exam Pointers - Judicial Review Deck (8)
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1

If you see words from the statute in the question...

it could give rise to errors of law or fact or procedural ultra vires..

2

If the decision is made by a group, different to the one the Act stipulates..

Investigate the rule against delegation

3

If guidelines or policy are mentioned...

Consider;
- fettering of discretion i.e. has policy been applied too rigidly,
- improper purpose,
- relevant/irr considerations

4

If two or more reasons for a decision are given..

Consider
o irrel considerations,
o improper or unauthorised purpose and
o dual purposes.

5

When a bye-law is mentioned...

....remember you can’t argue procedural fairness/natural justice. Where the decision maker is performing a legislative function (i.e. making bye –laws) then the rules of natural justice do not apply.

6

Where there is an absence of reasons or relevant consider/Irrrelevant consider...

...irrationality

7

Does the right to a fair hearing apply even though statute is silent?

Yes. The fair hearing rule can apply where a statute is silent as to procedure.

It requires that a person affected by a decision should have a fair chance to put his case.

8

If the claimant has complied by guidelines....

...... they may have a substantive legit expectation that will be awarded a grant. Using Lord Woolf’s categories (Coughlan) it probably will fall into the first (irrationality) as it does not involve a specific undertaking made to a small number of people
Lord Woolf’s 3 categories
4. Public Authority only needs to bear in mind its previous policy/representation. The court’s role is to simply review whether a decision is rational. Here, the court is merely applying traditional Wednesbury unreasonableness.
5. Promise/practice creates legitimate expectation of… For example, being consulted before an adverse decision is taken.
6. Promise/practice creates legitimate expectation of a substantive benefit Courts will decide whether it would be an abuse of power to frustrate (illegality).