Judicial Review - Procedural Impropriety Flashcards
(54 cards)
who defines procedural impropriety
Lord Diplock in CCSU (1985)
how did Lord Diplock in CCSU define procedural impropriety
- “failure to observe the basic rules of natural justice or… to observe the procedural rules that are expressly laid down in the legislative instrument”
what does procedural impropriety concern
the manner in which decisions are made to ensure compliance with principles of natural justice or procedural fairness
give the 6 parts of procedural impropriety
-procedures laid down in statutes
-the rule(s) against bias
-fair hearings
-provision of reasons
-adequacy of consultation
-legitimate expectations
what are the 3 main parts of procedural impropriety
-bias
-adequacy of consultation
-legitimate expectations
give a case example for statutory procedures as a form of procedural impropriety
-Sunderland City Council (2011)
-judicial review of parking adjudicator’s decision to uphold parking fines
-Council’s failure to omply with statutory signage requirements as procedural error
what are the two core rules against bias
-decision makers must be impartial
-partial decision makers must recuse themselves
what are the 3 types of bias
-actual bias (practically useless)
-automatic disqualification
-apparent bias
explain actual bias
a rule which disqualifies decision makers who are actually biased eg proved to be biased
explain automatic disqualification
-a rule which disqualifies decision makers (without enquiring whether they are “actually” biased or not) based on their position, a category, a certain kind of relationship and so on
explain apparent bias
-some kind of test which disqualifies decision makers (without enquiring whether they are “actually” biased or not) based on appearances
give a case example for actual bias
-United Cabbies Group (2019)
what is the authority for automatic disqualification
-Dimes
-“a cause in which he has an interest”
what does Dimes says qualifies automatic disqualification
“a cause in which he has an interest”
what does Lord Browne Wilkinson say in Pinochet describing the rule in Dimes
-“a financial or propriety interest”
what is Pinochet (2000) an authority for
-the rule for automatic disqualification goes beyond financial interests
-unclear how far but presumably not very far
explain Locabail (2000)
-good guidance but not legally binding
what is the authority for apparent bias
-Lord Hill in Magill (2001) confirmed by Lawal (2003)
-“Whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”
what is the test for apparent bias
“Whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”
-Lord Hope
give examples of when the courts cannot conceive of bias in Locabail
-religion/ethnicity/sex/age/means/orientation
-masonic connections
give 2 examples of when bias might well be thought to arise from Locabail
-personal friendship/animosity
-previous expression of views in extreme or unbalanced terms
give 2 examples of cases with frustrated expectations (legitimate expectations)
-GCHQ case
-Patel (2013)
who is the authority for legitimate expectations
-Lord Denning in Schmidt (1969)
-“has some right or interest, or… some legitimate expectation of which it would not be fair to deprive him of”
what did Lord Denning say in SChmidt (1969)
-Lord Denning in Schmidt (1969)
-“has some right or interest, or… some legitimate expectation of which it would not be fair to deprive him of”
