JR Flashcards
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- Created by: Law1133
- Created on: 25-04-16 21:33
R v Disciplinary Committee of the Jockey Club, ex Parte Aga Khan [1993]
Availability of JR, horse disqualified after failing drugs test, sought JR of committee's decision. Held: Jockey club not a public body, decisions not subject to JR
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R v Panel on Takeovers & Mergers, ex parte Datafin [1987]
Availability of JR, Datafin sought JR of a panel decision to reject a complaint. Held: Panel considered public body due to importance of role.
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Prima Facie
There is a case/appears to be a case to answer
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Locus Standi
The right to bring the case forward
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R v Inland Revenue, ex parte National Fed of Self-employed & small businesses [1982]
Locus Standi of JR, Fed challenged IR's procedure for levying taxes on casual workers [their workers didn't benefit]. Held: As it didn't affect individual members of the fed, they couldn't bring action
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R v HM Inspectorate of Pollution, ex Parte Greenpeace [1994]
Locus Standi for JR, Greenpeace brought action to challenge policy of discharging toxic waste from Sellafield Plant. Held: Although not directly affected, they had expertise to bring an action over residents
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GCHQ Case [1985]
Grounds for JR, Workers at GCHQ not allowed to join trade union, Government altered, through prerogative powers, terms of employment to prohibit this. Held: Set out three grounds
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Attorney General v Fulham Corp [1921]
Illegality & Ultra Vires, Corp had statutory obligation to provide wash houses for the poor, wanted to open commercial laundry. Held: Charging money was beyond powers
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Ultra Vires
Beyond Powers
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R v Richmond upon Thames London Borough Council, ex Parte Macarthy and Stone [1992]
Illegality & Ultra Vires, Council required to consider planning apps but introduced informal consultations charging £25, Held: No power to levy £25 charge so ultra vires
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R v Port Talbot Borough Council ex Parte Jones [1988]
Irrelevant Considerations, Councillor granted tenancy ahead of waiting list. Justification = councillor needed to live within borough she represented. Held: Irrelevant factor so ultra vires
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Barnard v National Dock Labour Board [1953]
Unauthorised delegation of powers, The National Board had the power to discipline its members but delegated this power to port managers. Held: Delegation = unlawful. Any disciplinary powers by port managers = ultra vires.
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Associated Provincial Pictures Houses Ltd v Wednesbury Corporation [1948] (Wednesbury Reasonableness)
Local authority had the power to license cinemas to open on Sunday under any conditions fit to impose. 'No persons under 15', = unreasonable. Held: If a decision is so unreasonable that no reasonable authority could come to it, courts can interfere
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R v Secretary of State for the Home Department, ex Parte Brind [1991]
Unreasonableness, Gov introduced ban on TV transmission of IRA/Sinn Fein speech. Held: Not so unreasonable that no reasonable Home Secretary could ever have reached decision, not unreasonable.
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Hall and Co Ltd v Shoreham-by-sea Urban Development Corporation [1964]
Unreasonableness, Hall & Co granted permission to develop land but on condition at their own expense construct a road to be used by public. Held: unreasonable to pass public burden of road construction on individual
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Agricultural, Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms Ltd [1972]
Nature of Procedural Impropriety, Minister established Industrial Training Boards but was required to consult organisations in area concerned. Mushroom Grows Assoc. did not receive notice. Held: Order had no application to MGA
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Vale of Glamorgan Borough Council v Palmer and Bowles [1983]
Nature of Procedural Impropriety, Council empowered to issue tree preservation orders to protect selected trees. Order required plan identifying relevant tree to be available for public inspection - no plan made. Held: Order invalid.
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R v Secretary of State for the Home Department, ex Parte Doody [1994]
Requirement to provide reasons for decisions, Applicants were life sentence prisoners, applications for parole refused for unknown reasons. Held: No general duty to disclose, but this is contrary to public interest in serious cases
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Foreign Compensation Act 1950, Section 4
Determinations of the Compensation Commission shall not be called into question in any court of law. [Provision removed by the Statute Law (repeals) Act 1989]
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Other cards in this set
Card 2
Front
R v Panel on Takeovers & Mergers, ex parte Datafin [1987]
Back
Availability of JR, Datafin sought JR of a panel decision to reject a complaint. Held: Panel considered public body due to importance of role.
Card 3
Front
Prima Facie
Back
Card 4
Front
Locus Standi
Back
Card 5
Front
R v Inland Revenue, ex parte National Fed of Self-employed & small businesses [1982]
Back
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