Grounds/Illegality/SimpleUltraVires

Question 1

Discuss with case law what it is to be acting outside of their power

Answer 1

Attorney-General v Fulham Coorporation - Power granted to establish wash houses and baths but actually established a laundry service. held to be ultra vires

Question 2

how does attorney-general v Fulham coorp come in to simple ultra vires

Answer 2

it concerns acting outside of their power. in this case, the power granted to establish wash houses and baths but actually established a laundry service. held to be ultra vires

Question 3

describe the case for failure to fulfil a statutory duty

Answer 3

R v Camden LBC ex Parte Gillan - failure to fulfil a statutory duty due to limited opening times and only received applications for the homeless by telephone

Question 4

how does r v Camden LBC ex parte Gillan come into simple ultra vires

Answer 4

it concerns a failure to fulfil a statutory duty, in this case there was a failure to fulfil a statutory duty due to limited opening times and only received applications for the homeless by telephone

Question 5

what are the general statutory duties? act inc

Answer 5

s. 149 equality act 2010
No discrimination in the exercise of public functions
positive duty to promote equality

Question 6

what is breach of fiduciary duty to tax payers

Answer 6

Roberts v hopwood — statutory power to pay ‘such wages as they think fit’ not properly taken tax payers interests into account