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Anisminic - commission could not rule limits of statutory power Puhlhofer - allow councils to define 'accommodation' themselves A v Croydon LBC - 'children in need' - objective terms more likely that court will decide |
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Bias (auto disqualification) |
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Sussex Justices ex p McCarthy - perceived bias bad enough. Dimes - perceived financial interest. Locabail - if small/irrelevant then no automatic disqualification. Pinochet 2 - L Hoff disqual because in amnesty international |
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Porter v Magill - 'fair minded and informed observer' L Hope Island Farm - political predispositions allowed |
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Anderson - Home Sec making decisions on tarrifs that were judges'. |
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Lloyd v McMahon - written submissions ok if appropriate to documentary evidence Smith v West - parole hearing needed to establish quality of prisoners' character Roberts v Parole Board - special advocates ok in some situations eg informants at risk or n security H Sec v AF 3 - D must be given info to amount a defence |
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Doody - in custodial decisions, limits on liberty need justification HEFC - Universities lost ranking, not important enough |
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Barnard - double unstatutory delegation not cool Lavender - (consulation v delegation) affective veto power to agriculture Carltona - civil servants within ministry count as 'minister' British Oxygen - rigid rules not ok eg <£25 |
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Coughlan - patient promised care for life in one hospital, fukd around. MFK Underwriting - conditional statement not expectation. Begbie - political promises don't count.AG HK v Ng Yuen Shui - C afforded procedural niceties |
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Padfield - irrelevent considerations quashed Sydney v Campbell - using power to make profit on land = improper Venables - public opinion not relevant to tarrif decision |
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Reasonableness/proportionality/deference |
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Definition
Wednesbury - 'so unreasonable that no reasonable authority..' GCHQ - Diplock: So outrageous in defiance of logic that.. Smith - gays in military, proportional test used regarding Art 8 Belmarsh - no deference |
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GCHQ - potentially time to review royal prerogative H Sec ex p Bentley - pointed out partial pardon to decision maker Dafatin - reviewed decision on Mergers!? because major de facto power Witham - making 2nd legislation reviewable |
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Definition
Tweed - won't look into facts O'reilly - ordinary claim will be struck if JR more appropriate Fleet Street Casuals - no 'standing' where C is no more special than any tax payer World Dvelopment Movement - standing because noone else and £200m Greenpeace - associational standing |
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Definition
Liverpool Taxi - prevent councils issuing licenses Re M - interim injunction against minister in official function |
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