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Grounds of Judicial Review (Irrationality (Public body can't take…
Grounds of Judicial Review
Illegality
Failure to exercise discretionary powers
Rule Against delegation
Barnard v National Dock Labour Board (1953)
Discretion may not be fettered. May a public body follow a self-imposed policy or guideline?
British Oxygen Ltd Minister of Technology (1971)
Simple 'ultra vires'
Illegality under Human Rights Act 1998, s6
R (Evans) v Lord Chancellor (2011)
Public body exceeds its allocated powers, or those which are 'reasonably incidental'
Public body cannot pursue a purpose not intended by parliament
Padfield v Minister of Agriculture (1968)
Irrationality
Public body can't take irrelevant factors into account, or fail to take relevant factors into account
Roberts v Hopwood (1925)
Bromley LBC v GLC
Wednesbury unreasonableness
Associated Picture Houses Ltd v Wednesbury Corporation (1948)
Standard of review may vary according to nature of subject matter
A v Secretary of State for Justice v Walker
R v Ministry of Defence, ex p Smith (1996)
Procedural Impropriety
Failure to comply with statutory procedure
R (on the application of Moseley) v Haringey London BC (2014)
Natural Justice/ Fairness
Right to a fair hearing
R v Home Secretary, ex p al Fayed (1997)
Rule against bias
Procedural and Substantive Legitimate Expectation
R v North and East Devon Health Authority ex parte Coughlan (2000)
Proportionality
R (o the application of Daly) v Secretary of State for the Home Department (2007)