micellaneous

Question 1

section 31(2A)

Answer 1

the high court may refuse remedies if the outcome for the applicant is not substantially different or if there is exceptional public interest

Question 2

remedies to quashing

Answer 2

may make decision again (if it is wrong HOW decision was made)
OR a different decision may be made

Question 3

section 29(A) SCA

Answer 3

a quashing order may include provision -
quashing does not take effect until a date specified
or removing or limiting any retrospective effect of the quashing

Question 4

Liverpool Taxi Fleet

Answer 4

prohibiting order may prevent action until further consultation

Question 5

mandatory orders

Answer 5

force body to do what they are legally required
court reluctant to do this

Question 6

IMAM - five factor test

Answer 6

in deciding whether to do mandatory order - court must examine:
does council have contingency fund
how long has breach continued
how breach affects claimant
is the authority taking steps to remedy the breach
claimant should not be given undue priority

Question 7

red light theories

Answer 7

DICEY - dont trust admin decisions, emphasis on JR

Question 8

green light theories

Answer 8

griffith - enable policy in public interest, reduced role for courts

Question 9

Forsyth

Answer 9

courts give effect to parliament intentions - nothing else, interfere if ultra vires

Question 10

Elliot

Answer 10

courts uphold general parliamentary intent not specific