Judicial Review

44 cards

Judicial Review cases


 
  
Created May 1, 2012
by
Ishbel

 

 
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1
Fleet Street Casuals Case
 
Standing
To have standing in Judicial Review, you must be able to distinguish yourself from...
2
Rose Theatre Trust Case
 
Standing
For an association to have an interest, at least...
3
R (Bulger) v Secretary of State for the Home Department
 
Standing
A low threshold for standing in judicial review...
4
R (Feakins) v Secretary of State for the Environment, Food and Rural Affairs
 
Standing
Standing may be given to anyone with a serious...
5
R (Greenpeace) v Inspectorate of Pollution
 
Standing
To prove a diffuse interest, an association must:Be...
6
R v Richmond Council ex parte McCarthy and Stone Ltd
 
Simple Ultra Vires
No charge can be made without express statutory permission
Even...
7
Hazell v Hammersmith Council
 
Simple Ultra Vires
Powers of a local authority...
8
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs
 
Simple Ultra Vires
Forcible removal of inhabitants...
9
Bromley LBC v GLC
 
Simple Ultra Vires
An obligation to provide...
10
Carltona v Commissioner of Works
 
Wrongful Delegation
It is generally acceptable for a minister to delegate his powers to...
11
Barnard v National Dock Labour Board
 
Wrongful Delegation

A statute which authorises one...
12
Simms Motor Units Ltd v Minister of Labour
 
Wrongful Delegation

Where a discretion is granted...
13
Lavender & Son Ltd v Minister of Housing
 
Wrongful Delegation

Where a statutory duty is vested...
14
Porter v Magill (IP)
 
Improper Purpose
Powers must be use for the reasons for which they were conferred, not for...
15
Congreve v Home Office
 
Improper Purpose

Unlawful to use statutory powers...
16
Westminster Corporation v London and North Western Railway Co. 
(1905) <- use with...
 
Improper Purpose
Where exercise of a power fulfils the purposes for which the power was...
17
Padfield v Minister for Agriculture
 
Fettering Discretion
Where a minister has a statutory power to decide whether complaints...
18
R v Home Secretary, ex parte P and Q
 
Fettering Discretion

A decision-maker may adopt a...
19
R v Home Secretary, ex parte Venables (FD)
 
Fettering Discretion

A decision-maker may not have...
20
R v Home Secretary, ex parte Venables (EL)
 
Error of Law
A decision-maker must direct itself correctly on the law.
Home Secretary...
21
Education Secretary v Tameside Council
 
Error of Law
A power to intervene where an authority is...
22
Audi alterem partem
 
Right to a fair hearing
23
Nemo judex in causa sua
 
None should sit in judgement of his own cause
24
Ridge v Baldwin
 
Hearings
Even where there is no statutory duty to give a hearing, the gravity of a decision...
25
Cooper v Wandsworth Board of Works
 
Hearings
Courts apply a "sliding scale" in deciding whether a hearing should have been given.
Cooper's...
26
Porter v Magill (B)
 
Bias
The test for bias is whether the fair-minded and informed observer, having considered...
27
Dimes v Grand Junction Canal Properties
 
Bias

Where there is any pecuniary interest, a judge...
28
R v Sussex Justices ex parte McCarthy
 
Bias

The application of the rules on bias is much...
29
R v Bow Street Magistrate ex parte Pinochet
 
Bias
A judge must recuse himself where the decision of a case would affect the promotion...
30
R v Secretary of State for the Home Department ex parte Doody
 
Reasons
It comes down to whether it is fair and just in the circumstances to give reasons....
31
R v Secretary of State for the Home Department ex parte Fayed
 
Reasons
Where giving reasons would disclose matters not in the public interest, the decision...
32
A-G for Hong Kong v Ng Yuen Shiu
 
Procedural Legitimate Expectations
By announcing that hearings will take place, an authority...
33
R v North and East Devon Healthy Authority ex parte Coughlan
 
Substantive Legitimate Expectations
Decision must be of great importance to the individual,...
34
Alesbury Mushrooms Case
 
Statutory Procedure
Where a body mentioned in statute was not consulted, the decision may...
35
R v Brent LBC ex parte Gunning
 
Statutory Procedure
1. If a legal duty to consult exists in statute, the local authority...
36
R v Wainwright
 
Statutory Procedure
If it's clear that a decision would...
37
R v Hillingdon Council
 
Statutory Procedure
Where an authority fails to perform...
38
R v Deputy Governor of Parkhurst Prison ex parte Hague
 
Even if an individual succeeds in judicial review, this does not necessary entitle...
39
Associated Picture Houses v Wednesbury Corporation
 
Wednesbury Unreasonableness (Irrationality)
Irrationality means a decision is so unreasonable...
40
R v Somerset Council Council ex parte Fewings
 
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)
A consideration which...
41
R v Secretary of State for the Environment ex parte Nottingham Council Council
 
Wednesbury Unreasonableness (Irrationality)
The courts can apply the higher threshold of...
42
Wheeler v Leicester City Council
 
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)
An authority cannot use...
43
Padfield v Minister of Agriculture (WU)
 
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)
It is for the courts...
44
Tesco Stores v Secretary of State for the Environment
 
Wednesbury Unreasonableness (Relevant / Irrelevant Considerations)
Anything which is not...

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