Gateways/ProceduralImpropreitary/2

Question 1

Older case on duty to give reason

Answer 1

R (Hasan) v Secretary of State for trade and industry —- in the absence of some particular duty there was no general duty to give reason

Question 2

More recent case on duty to give reason

Answer 2

Ex Parte Doody - HL held reasons should be given for fairness, transparency and accountability

Question 3

Lord Binghams guidance on giving reason

Answer 3

R v Minister of Defence ex parte Murray

• are there any public interest issues
• what kind of interest is affected

Question 4

R v Feggetter and Another

Answer 4

From Anthony and leyland - ‘ not as a matter of grace or practice but as a matter or right’

Question 5

Kanda v Government of Malaysia

Answer 5

Lord denning - fair hearing means giving people sufficient time to prepare

Question 6

Errington v Minister of Health

Answer 6

Right to know the opposing side

Question 7

Apparent bias test..

Answer 7

Porter v Magill - would the fair minded have considered the facts and concluded that there was a real possibility of bias

Question 8

Apparent bias rules

Answer 8

1) No objective perception of bias

2) Adjudicator no direct financial/propreitary interest