UK Judicial Review

Flashcards for UK Judicial Review.

19 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
First case to establish judicial review where a public body made an error of law
Anisminic
Reinforced the principle of judicial review where a public body made an error of law
Page
Case that established review for error of fact
E v Home Office
Right to a fair hearing
Coughlan
Consultation must be meaningful
Coughlan
Right to know the case against you and be heard
Ridge v Baldwin
Some limitations to knowing full case permitted
Smith
Where a practice is assured or general practice, a legitimate expectation is created
GCHQ
Where a substantive promise is made and relied upon, legitimate expectation is created
Coughlin
Where not required by statute, no absolute right to reasons; however the more serious the subject matter, the more likely a common law right will exist
Doody
Where a person has a direct financial interest in the outcome of a case, or where he is a party to the case, he is automatically disqualified from hearing it
Pinochet 1
Where a person may reasonably appear to be partial in a case, disqualification may be ordered if a real possibility exists that there was bias
Gough
Discretionary authority must be exercised to the entity holding the authority; discretion cannot be delegated
Ellis v Dubowski
A body granted discretionary authority must not act under dictation from another authority
Lavender
Fettering discretion - where discretion is given, it must be exercised. Rigid rules must not be put in place that preclude consideration on a case by case basis
British Oxygen