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Related Flashcards
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Cards In This Set
| Front | Back |
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Fleet Street Casuals Case
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Standing
To have standing in Judicial Review, you must be able to distinguish yourself from all others who can claim an interest. |
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Rose Theatre Trust Case
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Standing
For an association to have an interest, at least one member of the association must have an interest. You cannot create an interest simply by "banding together". |
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R (Bulger) v Secretary of State for the Home Department
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Standing
A low threshold for standing in judicial review may be appropriate where there is no other way of holding the decision-maker to account, but where there are others who could bring judicial review, it may be denied. |
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R (Feakins) v Secretary of State for the Environment, Food and Rural Affairs
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Standing
Standing may be given to anyone with a serious issue to argue where a useful purpose may be served. |
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R (Greenpeace) v Inspectorate of Pollution
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Standing
To prove a diffuse interest, an association must:Be able to prove a personal interestHave sufficient resources, expertise and international reputation to be able to assist the court. |
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R v Richmond Council ex parte McCarthy and Stone Ltd
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Simple Ultra Vires
No charge can be made without express statutory permission Even though meetings with planning officers were reasonably incidental to the council's statutory powers, this does not mean that a charge was reasonably incidental. |
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Hazell v Hammersmith Council
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Simple Ultra Vires
Powers of a local authority include both those expressly permitted and those "reasonably incidental" to statutory powers. |
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R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs
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Simple Ultra Vires
Forcible removal of inhabitants could not be justified under a power for "peace and good governance" |
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Bromley LBC v GLC
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Simple Ultra Vires
An obligation to provide an "efficient and economic" transport service implied an obligation to break even and did not allow improvement of the London Underground for social purposes. |
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Carltona v Commissioner of Works
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Wrongful Delegation
It is generally acceptable for a minister to delegate his powers to civil servants and local government officials |
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Barnard v National Dock Labour Board
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Wrongful Delegation
A statute which authorises one level of delegation does not therefore authorise further delegation |
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Simms Motor Units Ltd v Minister of Labour
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Wrongful Delegation
Where a discretion is granted to a subordinate officer, it may not be taken away by orders from a superior. |
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Lavender & Son Ltd v Minister of Housing
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Wrongful Delegation
Where a statutory duty is vested in one minister, the may not adopt a policy whereby the decision is effectively made b another minister. |
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Porter v Magill (IP)
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Improper Purpose
Powers must be use for the reasons for which they were conferred, not for political purposes. Unlawful for Conservative majority to adopt a policy of selling council houses in the hopes of securing votes. |
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Congreve v Home Office
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Improper Purpose
Unlawful to use statutory powers as a means of extracting money which Parliament has given the executive no mandate to demand. Home Secretary threatened to use his power to revoke TV licences unless licence payers paid an extra £6 each. |
