Illegality

?
British Oxygen v Minister of Technology
Policy not applied too rigidly - you're allowed to add limitations etc but you shouldn't completely refuse to listen to someone's case.
1 of 22
R v North Lancashire Health Authority ex p A & Another
sex change case. Policy applied too rigidly because they should have looked at individual cases in such an event and no definition of 'exceptional circumstances'.
2 of 22
R (on the application of P) v Secretary of State for the Home Department
Mothers and babies not separated until 18months, does not breach HRA but every case should have been considered individually because of the possible effects of separation on baby.
3 of 22
Luton Borough Council & others v Secretary of State for Education
should have looked at each school individually and considered separately.
4 of 22
R (Lumba) v Secretary of State for Home Department
blanket policy that did not allow room for exceptions was unlawful & secret policies are unlawful.
5 of 22
R (Sandiford) v Secretary of State & Commonwealth Affairs
Courts approach to royal prerogative is different, the crown can choose how to exercise discretion
6 of 22
Bernard v National Deck Labour Board
power granted to board and couldn't be delegated to the port manger
7 of 22
Vine v National Deck Labour Board
statute says who the power is delegated to and its use but it's not unlawful to delegate that power to individuals/committees as long as the public authority hold majority of the power
8 of 22
Carltona v Commissioners of Work
Exception is that government ministers can delegate to civil servants working in their department
9 of 22
Lavender & Son Ltd v Minister of Housing & Local Government
minister gave his decision to minister of agriculture who didn't have the power to delegate on that issue
10 of 22
R(Abbasi) v Foreign Secretary
it was crucial here the that FS seriously considered making such representations, if he refused to even consider then that's abdicating discretion
11 of 22
Padfield v Minister of Agriculture, Fisheries & Food
Must not undermine the purpose with which your discretion came with. Minister gave reasons hat weren't legitimate within the purposes of the act.
12 of 22
RM v Scottish Ministers
ministers' failure to make regulations was frustrating the statutory purpose.
13 of 22
Wheeler v Leicester City Council
misused statutory powers to punish club - council shouldn't use its powers to punish the club because it disagreed with its decision
14 of 22
Porter v Magill
Must still act for a public purpose, cannot use powers for political advantage
15 of 22
Pergau Dam
legislation only empowered him to allocate funds to economically sound projects
16 of 22
Re Findlay
relevance doctrine - must must take into account considerations that law specifically states and not take into account irrelevant ones
17 of 22
Roberts v Hopwood
Council failed to take into account its duty to ratepayer and took into account irrelevant considerations such as securing equality
18 of 22
R v Secretary of State for Home Department ex p Venables and Thompson
Wrong to take into account public petitions, judges need to remain impartial
19 of 22
R v Somerset County Council ex p Fewings
authority must consider only relevant factors, statutory context determines whether the consideration is relevant
20 of 22
AG v Fulham Corporation
Baths & Washhouses case, council had no power to do what it did
21 of 22
Congrene v Home Office
no right for action to gain benefit of additional licence fee
22 of 22

Other cards in this set

Card 2

Front

R v North Lancashire Health Authority ex p A & Another

Back

sex change case. Policy applied too rigidly because they should have looked at individual cases in such an event and no definition of 'exceptional circumstances'.

Card 3

Front

R (on the application of P) v Secretary of State for the Home Department

Back

Preview of the front of card 3

Card 4

Front

Luton Borough Council & others v Secretary of State for Education

Back

Preview of the front of card 4

Card 5

Front

R (Lumba) v Secretary of State for Home Department

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Admin Law resources »