Grounds: Procedural Impropriety Flashcards
(10 cards)
What are the two main principles of natural justice relevant to judicial review?
A. Rule against bias and the right to a fair hearing
B. Proportionality and necessity
C. Reasonableness and effectiveness
D. Separation of powers and rule of law
A. Rule against bias and the right to a fair hearing
Explanation: These are the two fundamental principles of fairness in decision-making that courts enforce under procedural impropriety.
What procedural failure occurred in Ridge v Baldwin [1964]?
A. A biased tribunal reached the wrong conclusion
B. A policy was applied too rigidly
C. A police officer was dismissed without being given a chance to respond
D. A statutory consultation process was skipped
C. A police officer was dismissed without being given a chance to respond
Explanation: The court held that denial of a fair hearing violated natural justice and made the dismissal unlawful.
What is the legal test for bias set out in Porter v Magill [2002]?
A. Whether the authority intended to be fair
B. Whether the media criticise the decision
C. Whether the claimant suspects bias
D. Whether a fair-minded and informed observer would conclude there is a real possibility of bias
D. Whether a fair-minded and informed observer would conclude there is a real possibility of bias
Explanation: This is an objective test, ensuring both actual and perceived impartiality are maintained.
A licensing board decides not to renew a licence but fails to notify the applicant or allow them to present arguments. What ground is most likely engaged?
A. Irrationality
B. Procedural impropriety – denial of fair hearing
C. Illegality – misuse of powers
D. Delay
B. Procedural impropriety – denial of fair hearing
Explanation: The audi alteram partem rule requires that individuals have the chance to respond before adverse decisions are made.
A decision-maker was found to have a close financial connection to a party involved in the case. What legal principle applies?
A. Lack of jurisdiction
B. Rule against bias
C. Misapplication of discretion
D. Procedural delay
B. Rule against bias
Explanation: Actual, apparent, or potential bias undermines impartiality and fairness in decision-making.
A local council fails to carry out a public inquiry required by statute before approving a major development. Which rule applies?
A. Procedural impropriety – failure to follow statutory procedure
B. Substantive legitimate expectation
C. Proportionality
D. Policy fettering
A. Procedural impropriety – failure to follow statutory procedure
Explanation: A breach of a mandatory procedural requirement laid out in statute renders the decision vulnerable to judicial review.
What principle did the House of Lords adopt in R v Soneji [2005]?
A. Bias is always presumed
B. Focus should be on legislative intent and whether the procedural error caused prejudice
C. Procedural breaches are never fatal
D. All statutory procedures are directory
B. Focus should be on legislative intent and whether the procedural error caused prejudice
Explanation: The court moved away from the rigid mandatory/directory distinction, focusing instead on fairness and intent.
When will the court usually intervene due to procedural impropriety?
A. If the decision affects many people
B. If the claimant personally dislikes the outcome
C. Where failure to follow proper procedures causes material unfairness
D. If the press campaigns against the policy
C. Where failure to follow proper procedures causes material unfairness
Explanation: The court looks at whether the procedural breach was serious and prejudicial to fairness.
A planning authority skips a legally required public consultation before adopting a zoning change. What outcome is likely?
A. The decision is quashed due to failure to comply with mandatory statutory procedure
B. The decision stands because consultation is not important
C. The authority is fined
D. The court imposes a new consultation requirement
A. The decision is quashed due to failure to comply with mandatory statutory procedure
Explanation: Statutory consultation obligations are often treated as essential to lawful decision-making.
Which of the following best reflects the purpose of the procedural impropriety ground?
A. To ensure courts can change bad policies
B. To guarantee all parties win fair compensation
C. To review facts for accuracy
D. To ensure decisions are made fairly and according to the required procedure
D. To ensure decisions are made fairly and according to the required procedure
Explanation: This ground protects fairness and legality in the process, not the content of the decision itself.
