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Illegality (Sub-categories of illegality - Fenwick (Errors of fact # (C.…

- - - - However, if action incidental to a power? - Westminster Corp v L&NW Railway (1905) - lavatories
    - - Principle of statutory interpretation
        
        R v SoS Home Dept ex p Leech (1994) - prison correspondence
        
        Ex parte Simms (2000)
        
        R v Lord Chancellor ex parte Witham (1997) - access to courts
  - - - Are only judicial errors of law reviewable?
        
        Anisiminic Ltd v FCC (1969) - all errors of law reviewable
        
        Confirmation - errors of law
        
        R v Lord President of the Privy Council ex parte Page (1992) - confirmation that all errors of law are reviewable (whether only "jurisdictional" or not) - Lord Browne-Wilkinson
      - Errors of law - 3 exceptions where not unlawful
        
        When error is not decisive to decision
        
        When a special system of (private) rules apply - Ex p Page (1992)
        
        When power granted is capable of broad interpretation - R v Monopolies Commission ex p South Yorkshire Transport (1993)
  - - - White & Collins v Minister of Health (1939) - ministerial power to CPO land - UNLESS it was "park, garden or leisure ground"
    - - When a factual finding is not supported by any evidence
        
        Coleen Properties v Minister of Health (1971)
        
        Mahon v Air New Zealand (1984), per Lord Diplock - finding of fact "must be based upon some material that tends logically to show the existence of acts consistent with the finding"
    - - SoS for Education v Tameside MBC (1977)
      - E v Home Sec (2004), per Carnwath LJ - "In our view, the time has come to accept that a mistake of fact giving rise to unfairness is a separate head of challenge in an appeal on a point of law"
        
        4 factors to show requisite unfairness
        
        i) Mistake as to existing fact
        
        ii) Fact/evidence must be "established"
        
        iii) Applicant not responsible for mistake
        
        iv) Mistake played material part in decision made
    - - Beyond judicial control?
      - Separation of powers?
  - - - Illegal (unlawful)
        
        Court deems that the DM has not taken a relevant consideration into account
        
        Court deems that the DM has taken an irrelevant consideration into account
        
        Examples of abuse
        
        Roberts v Hopwood (1925)
        
        Bromley LBC v GLC (1983) - "Fares fair" policy
        
        R v Home Sec ex p Venables (1998)
    - - Statutory powers must be used for the purposes laid down in the statute
        
        Padfield v Minister of Agriculture (1968)
        
        Ex p Fewings (1995)
        
        Congreve v Home Office (1976)
  - - - Lavender v Minister of Housing (1970)
      - Statutory delegation - s.101 Local Govt Act 1970
      - Carltona principle (1943) - decision made by authorised official
      - R v Home Sec ex p Oladehinde (1991)
    - - R v SoS Environment ex p Brent LBC (1983)
      - British Oxygen v Board of Trade (1971)
      - R v Warks Co ex p Collymore (1995)
      - Ex p Fire Brigades Union (1995)
- - - - Mandatory factors - DM must TIA
      - Prohibitory facts - DM must not TIA
      - Discretionary facts - discretion must be exercised lawfully