English Public law : Judicial Review

O’Reilly v Mackman [1983]

Judicial review must be used for public law decisions

Datafin [1987]

Where a body is exercising public law function, it may be sufficient to bring the body within judicial review (Nature of Powers Test)

Aga Khan [1993]

Private body with contractual relationship and private law remedies, so judicial review was not possible

Senior Courts Act 1981

Placed test for standing (locus standi)

Fleet Street Casuals

Sufficient interest test

Rose Theatre Trust Co [1990]

Groups can have standing

Greenpeace [1994]

Public interest + local members = standing

World Development Movement

Expertise/resources fill gap if no other challenger

R (Cowl) v Plymouth City Council [2001]

Complaints panel available so denied judicial review

CCSU v Minister for Civil Service [1984]

Diplock set out 3 grounds of review: Illegality, Irrationality and Procedural Impropriety

Attorney General v Fulham Corporation [1921]

Power to open wash house, not laundry service (Simple ultra vires)

Anisminic Ltd v Foreign Compensation Commission [1968]

Refusal to compensate because not a UK national (error of law)

Khawaja

Belief of being an illegal immigrant not sufficient, need proof (error of fact)

Wheeler v Leicester City Council [1985]

Banned rugby clubs from using fields because some members toured South Africa at height of Apartheid (irrelevant consideration)

Venables and Thompson [1997]

10 y/o boys convicted of murder, took public opinion into account with decision on tariff (irrelevant consideration)

Radford [2018]

Failed to consider other victims so release direction was quashed (relevant consideration)

Padfield v Minister for Agriculture [1968]

Minister had discretion to refer complaints to committee but refused to refer because of political embarrassment (improper purpose)

Porter v Magill [2001]

Power to dispose of land, Council tried to sell houses for electoral support (improper purpose)

Barnard v National Dock Labour Board [1953]

Only body with power can exercise power (wrongful delegation)

Carltona [1943]

Delegation of administration functions from minister to civil servants allowed (wrongful delegation)

Kynoch Ltd [1919]

Port Authority did not consider application properly when it determined that it was solely responsible for infrastructure (fettering discretion)

Wednesbury Corporation [1948]

S1 Sunday Entertainments Act 1932 gave power to licence cinema performances, banned children under 15 of Sundays = unreasonable (irrationality)

Smith and Grady [1996]

Ban on gay people serving in armed forces, based on national security and morals (fundamental rights)

Javed [2000]

Designated Pakistan as a safe place to return as failed asylum applicant but evidence of persecution of women who left marital home (anxious scrutiny)

Aylesbury Mushrooms [1972]

Attempt to consult not good enough (consultation)

Gunning [1985]

Requirements for consulting : 1. Made at time proposals are at a formative stage; 2. Reasons given for proposal; 3. Adequate time for consideration; 4. Product must take consultations into account (consultation)

Bradbury v Enfield LBC [1967]

Local authority failed to notify schools affected by reorganisations + parents did not have a chance to raise objections so an injunction (notice)

Coney v Choyce [1975]

2 schools did not have notice but court held they had given substantial compliance (notice)

Ridge v Baldwin [1964]

Ridge dismissed from position without hearing (right to be heard)

Cooper v Wandsworth Board of Works

Board should have given Cooper a hearing before demolishing house (right to be heard)

Dimes v Grand Junction Canal Properties [1852]

Being shareholder in company = sufficient for bias (rule against bias)

Porter v Magill [2001]

Test for bias (objective) (rule against bias)

Locabail v Bayfield Properties [2002]

General things in common do not equate to bias (rule against bias)

Doody [1994]

Reason essential when deciding minimum term of imprisonment for convicted murderers (duty to give reasons)

Institute for Dental Surgery

No general duty (duty to give reasons)

AG for Hong Kong v Ng Yuen Shiu [1983]

Expected procedure so legitimate expectation of a fair hearing created (procedural legitimate expectation)

Coughlan [2000]

Promised ‘home for life’ (substantive legitimate expectation)