Procedural Impropriety Flashcards
What are the two limbs of procedural impropriety?
(1) Breach of statutory procedural requirements;
(2) Breach of common law standards of procedural fairness.
What did Lord Diplock say about procedural impropriety in GCHQ?
It includes both failure to observe statutory procedures and a failure to act fairly toward the person affected.
When does the duty to act fairly arise?
When a decision directly affects a person’s rights, interests, or legitimate expectations (Ridge v Baldwin, GCHQ).
What are the common law principles of procedural fairness?
Notice, opportunity to be heard (hearing), duty to consult (if applicable), duty to give reasons (sometimes), and absence of bias.
What key principle did Ridge v Baldwin establish?
That individuals must be given a chance to respond before a decision affecting their rights is made.
What did Doody establish about notice and reasons?
Fairness requires that the person knows the gist of the case against them and may require reasons for decisions.
What is the test for bias following Re Medicaments?
Whether a fair-minded and informed observer would conclude there was a real possibility of bias.
What kind of bias led to a quashing of decision in Pinochet (No.2)?
Automatic disqualification due to a judge’s undisclosed connection to Amnesty International.
What does R v Sussex Justices ex parte McCarthy say about bias?
Justice must not only be done, but must be seen to be done.
What did Moseley v Haringey say about consultation?
A fair consultation must be at a formative stage, provide enough info, allow time, and consider responses (Sedley criteria).
What are the Sedley criteria for fair consultation?
(1) At formative stage, (2) sufficient reasons/information, (3) adequate time, (4) genuine consideration of responses.
What case confirmed the Sedley criteria?
R (Moseley) v Haringey LBC [2014] and Article 39 v SoS for Education [2020].
What did Osborn v Parole Board say about hearings?
Oral hearings may be required where liberty is at stake; fairness protects both outcome and participation dignity.
When is there no general duty to give reasons?
As per Doody and Lonrho, unless fairness, statutory context, or absurdity demands it (Dover DC v CPRE).
What is the principle in Lloyd v McMahon?
What fairness requires depends on the context—oral hearings are not always necessary.
What happens if statutory procedures are breached?
The decision may be unlawful unless the breach is so minor it can be treated as de minimis or is non-mandatory.
