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Judicial Review
Cases
13
Law
Undergraduate 1
05/18/2013

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Cards

Term
Applying Statue
Definition
Anisminic - commission could not rule limits of statutory power
Puhlhofer - allow councils to define 'accommodation' themselves
A v Croydon LBC - 'children in need' - objective terms more likely that court will decide
Term
Bias (auto disqualification)
Definition
Sussex Justices ex p McCarthy - perceived bias bad enough.
Dimes - perceived financial interest.
Locabail - if small/irrelevant then no automatic disqualification.
Pinochet 2 - L Hoff disqual because in amnesty international
Term
Bias (manifest)
Definition
Porter v Magill - 'fair minded and informed observer' L Hope
Island Farm - political predispositions allowed
Term
Independence
Definition
Anderson - Home Sec making decisions on tarrifs that were judges'.
Term
Right to hearing
Definition
Lloyd v McMahon - written submissions ok if appropriate to documentary evidence
Smith v West - parole hearing needed to establish quality of prisoners' character
Roberts v Parole Board - special advocates ok in some situations eg informants at risk or n security
H Sec v AF 3 - D must be given info to amount a defence
Term
Reasons given
Definition
Doody - in custodial decisions, limits on liberty need justification
HEFC - Universities lost ranking, not important enough
Term
Discretion
Definition
Barnard - double unstatutory delegation not cool
Lavender - (consulation v delegation) affective veto power to agriculture
Carltona - civil servants within ministry count as 'minister'
British Oxygen - rigid rules not ok eg <£25
Term
Legitimate expectation
Definition
Coughlan - patient promised care for life in one hospital, fukd around.
MFK Underwriting - conditional statement not expectation.
Begbie - political promises don't count.AG HK v Ng Yuen Shui - C afforded procedural niceties
Term
Inputs, motives
Definition
Padfield - irrelevent considerations quashed
Sydney v Campbell - using power to make profit on land = improper
Venables - public opinion not relevant to tarrif decision
Term
Reasonableness/proportionality/deference
Definition
Wednesbury - 'so unreasonable that no reasonable authority..'
GCHQ - Diplock: So outrageous in defiance of logic that..
Smith - gays in military, proportional test used regarding Art 8
Belmarsh - no deference
Term
Scope
Definition
GCHQ - potentially time to review royal prerogative
H Sec ex p Bentley - pointed out partial pardon to decision maker
Dafatin - reviewed decision on Mergers!? because major de facto power
Witham - making 2nd legislation reviewable
Term
Procedure
Definition
Tweed - won't look into facts
O'reilly - ordinary claim will be struck if JR more appropriate
Fleet Street Casuals - no 'standing' where C is no more special than any tax payer
World Dvelopment Movement - standing because noone else and £200m
Greenpeace - associational standing
Term
Remedies
Definition
Liverpool Taxi - prevent councils issuing licenses
Re M - interim injunction against minister in official function
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