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If a proposal affects a defined group, there should be consultation but where consultation will not affect outcome, none is required
Bhatt Murphy [2008] & Ex P AMA [1986]
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The body must issue proper consultation papers
Ex P Gunning [1985] - Proper way to consult includes considering the product of consultation and consulting formally with fulll information
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There should be enough time to reply to consultation
Lee V DES [1967] - we can see that 3-4 days to reply to consultation is not enough and there should be reasonable time provided
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Public Bodies can only consider relevant considerations
Ex P Venables and Thompson [1998] (HO considered public opinion and own policies and not welfare of applicants as S44(1) Children Act 1933 stated)
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Natural Justice (No man shall judge his own cause, parties shall be fairly heard) applies to administrative bodies acting judicially
Ridge v Baldwin [1964]
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Carltona principle
A principle that permits civil servants to act as the Secretary of State. The principle was recognised by the courts in Carltona v Commissioner of Works [1943]
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Doody [1994]
Lord Mustill said in Doody that “the [common] law does not at present recognize a general duty to give reasons for an administrative decision”.
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R (on the application of Hasan) v Secretary of State for Trade and Industry [2008]
an authority will be obliged to give reasons where: statute expressly requires them; fairness requires them; and the decision - on its face and without reasons - appears aberrant.
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Other cards in this set

Card 2

Front

The body must issue proper consultation papers

Back

Ex P Gunning [1985] - Proper way to consult includes considering the product of consultation and consulting formally with fulll information

Card 3

Front

There should be enough time to reply to consultation

Back

Preview of the front of card 3

Card 4

Front

Public Bodies can only consider relevant considerations

Back

Preview of the front of card 4

Card 5

Front

Natural Justice (No man shall judge his own cause, parties shall be fairly heard) applies to administrative bodies acting judicially

Back

Preview of the front of card 5
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