Term
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Definition
- The decision for scrutiny must have been made by a public body
- The decision must be made under delegated powers |
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Term
| Rules: must have been made by a public body |
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Definition
The decision for scrutiny must have been made by a public body (R v Disciplinary Committee of the Jockey Club ex.p Aga Khan
Private bodies exercising public functions also qualify (R v Panel on Takeovers and Mergers ex.p Datafin |
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Term
| Rules: must have been made under delegated powers |
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Definition
| Any decision made under an AoP directly not susceptible to JR - parliamentary supremacy |
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Term
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Definition
Must satisfy two requirements:
- Existence of a prima facie case
- That C has a locus standi (R v Inland Revenue ex.p National Federation of Self- Employed and Small Businesses |
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Term
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Definition
GCHQ case gives three potential grounds:
- Illegality
- Irrationality
- Procedural Impropriety |
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Term
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Definition
A decision is illegal if made ultra vires.
Examples:
- AG v Fulham Corporation: making a commercial enterprise from public duty is ultra vires |
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Term
| Grounds: Illegality (Error of Fact - Jurisdiction) |
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Definition
| If a decision is made on the basis of a mistaken belief of jurisdiction, then it is illegal (White and Collins v Minister of Health) |
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Term
| Grounds: Illegality (Errors of Fact - unreasonable finding) |
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Definition
Edwards v Bairstow:
"A view of the facts which could not be reasonably entertained." |
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Term
| Grounds: Illegality (Error of Fact - Mistake of fact) |
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Definition
E v S/SHD gives 4 factors for satisfaction:
- There must have been a mistake as to fact
- The fact or evidence must be objectively verifiable
- The mistake must not be the Appellant's fault
- Mistake must have played a material part in decision. |
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Term
| Ground: illegality (Irrelevant considerations) |
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Definition
A decision may be ultra vires if it takes into account irrelevant considerations.
R v Port Talbot BC ex.p Jones |
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Term
| Grounds: Illegality (Unauthorised delegation of power) |
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Definition
If power is given specifically to one body, decisions made a s a result of delegation are ultra vires
- Barnard v National Dock Labour Board |
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Term
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Definition
A decision is regarded as irrational if it is "So unreasonable that no reasonable authority could have come to it."
- Associated Picture Houses v Wednesbury Corporation |
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Term
| Grounds: Irrationality (Modifying Wednesbury) |
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Definition
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Term
| Grounds: Irrationality (Proportionality) |
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Definition
| Where Human Rights interferences, proportionality test may be applied to decisions (De Freitas) |
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Term
| Grounds: Procedural impropriety |
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Definition
A decision made as a result of failing to follow the correct procedure is an invalid one.
- Vale of Glamorgan BC v Palmer and Bowles |
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Term
| Grounds: Procedural Impropriety (Natural Justice) |
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Definition
Covers decisions which contravene basic principles of fairness.
- Rule against bias
- Right to a fair hearing |
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Term
| Grounds: Procedural Impropriety (Natural Justice - Meaning) |
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Definition
Porter v Magill
Test: "whether the fair minded and informed observer, in consideration of all the facts would conclude that there was a real possibility of bias." |
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Term
| Grounds: Procedural Impropriety (Natural Justice - Rule against bias) |
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Definition
Nemo Judex en Causa Sua
- Financial interest prevents an interested party from hearing a case (Dimes v Grand Junction Canal)
- Close ideological interest enough (Re: Pinochet) |
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Term
| Grounds: Procedural Impropriety (Natural Justice - fair hearing) |
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Definition
| A party affected by a decision must be granted the right to present their case (Ridge v Baldwin) |
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