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PL14-19 JR the law: an overview (once prelims have been satisfied)…
PL14-19 JR the law: an overview (once prelims have been satisfied)
ILLEGALITY
Errors of fact
Precedent fact (aka jurisdictional fact)
- DMs power to decide on a particular matter (did it have jurisdiction) depended on it making an initial finding of fact correctly eg White & Collins v Min of Health [1939] (parkland); ex p Khawaja [1984] not illegal entrant
No evidence for a fact (no-evidence rule)
- if DM has based on a decision on a finding of fact for which there is no ev. Colleen Properties v Min of Health & Local Govt [1971]
Ignorance or mistake of a material fact
. Controversial - evaluative - SoS for Educ v Tameside[1977]; R v Crim Inj Comp Board [1999]; E v SoS Home Dept [2004] - Lord Carnwath: 4 criteria: Must have been mistake as to an existing fact; Fact/evidence must have been 'established': objectively verifiable; Applicant was not responsible for the mistake;Mistake must have played a material part in decision (need not be decisive)
Relevant &
irrelevant consideration
DM taking into a/c irrelevant considerations (or not taking into a/c relevant considerations)
Fewings: DM may have 3 types pf considerations to consider
Mandatory factors - which a DM must take into account
Prohibited factors - which a DM must not take into account
Discretionary factors - which DM may take into account
Errors of law
DM has made a mistake re a question of law
- eg by misinterpreting a word in a statute. Anisminic [1969]
ex p Page [1993] all errors of law are reviewable except:
where error is not decisive to the decision
where DM is interpreting special system of rules (as in Page)
Where power is so imprecise it can be interpreted in diff. ways ex p South Yorkshire Transport
Improper
purpose
DM acting for a purpose not expressly or impliedly authorised by the power
Congreve v Home Office [1978] - increase in TV licence fee - abuse of power to revoke licence just b/c he paid early to avoid increase. Purpose of licence: not to raise revenue for Home Office.
Wheeler v Leic City Council [1985] - LCC withdrew licence for rugby club to use ground to punish club members re S.Af. tour. Improper purpose
Ultra vires/
simple illegality
(General 'catch all' for all JR)
Decision wholly outside what the statute allows
AG v Fulham Corporation [1921]; Westminster Corp v London & North West Railway [1905]
Fettering of
discretion
Public auths can have a policy reflecting auths priorities. May not apply so rigidly that it refuses to consider whether exceptions apply
British Oxygen
ex p Collymore
Delegation
of discretion
General principal: if a decision has been delegated to you, can't delegate it further. May be express or implied permission within a statute to delegate.
Carltona principal: ministers can delegate within their depts
Local Govt Act s.101: LA's given statutory power to arrange for discharge of their functions to the committee, sub-committee or an officer of the authority.
PROCEDURAL IMPROPRIETY
IRRATIONALITY