Illegality

Question 1

White and Collins v Minister of Health

Answer 1

Decision deemed ultra vires by the court. Compulsory purchase of land, but no power to purchase if ‘park land’. Minister approved as not park land so local authority can purchase.

Question 2

Criteria for when the court will review an error of fact

Answer 2

E v SoS for the Home Dept. [2004]
Criteria:
-must be a mistake as to an existing fact
-must be an uncontentious fact
-applicant must not be culpable for the mistake
-mistake must have played a material part in the tribunal’s reasoning

Question 3

ex parte Coughlan [2001]

Answer 3

Illegality - no power to make decision.
Chronically ill patient living in NHS facility promised ‘home for life’. Misinterpretation statutory provisions. LAs can’t make provisions for services authorised under NHS Act 1977.

Question 4

All errors of law are reviewable

Answer 4

Anisminic v FCC [1969]

Compensation scheme for British owners of property confiscated by Egyptian government.
Denied compensation on construction of ‘successor-in-title’ in legislation.
Legislation used total ouster clause - so no judicial review.
Lords deemed that because it’s an error of law, it’s not a decision and so they are not challenging a decision.

Question 5

The courts don’t want to undermine the appeal structures

Answer 5

R (Cart) v Upper Tribunal [2012]

Tribunal refused to allow an appeal - sought judicial review action.
Court recognised the issue but not going to generally review unless:
-general point of principle or practice
-some other compelling reason