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JR Claim: Grounds

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JR Claim: Grounds

[Flash Card 1 of 3]


  • Lord Diplock: failure to understand correctly the law that regulates his decision making power (GCHQ)

Error of law:

  • Misinterpreting legislation / nullity if impossible made same decision if understood (Anisminic)

Ultra vires:

  • Exceeding powers given by statute (Fulham Corp)

Error of fact:

  • Jurisdiction ( Khawaja) / fact must be proved (Coleen Properties)


  • Irrelevant factors test unauthorised purpose: material influence (ILEA) / dominant purpose (LNWR)

Fettering discretion:

  • Policy: must be flexible (Williams) / not under dictation of another (Lavender & Son)

Unauthorised delegation:

  • Statutory discretionary power (Barnard) / civil service act of Minister (Carltona)

Convention rights:

  • HRA S6 unlawful for public body to act incompatibly / fail to consider Convention insufficient (Miss Behavin')
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JR Claim: Grounds

[Flash Card 2 of 3]


  • Wednesbury unreasonableness: so unreasonable that no reasonable body could have come to the decision / also procedural unfairness (Wheeler)
  • GCHQ: so outrageous in its defiance of logic or accepted moral standards that no sensible person
  • No evidence considered / no reasons given / defy logic (Coleen Properties)
  • Resource allocation / matter for Parliament not courts (Nottinghamshire CC v SS for Environment)

Procedural Impropriety:

Procedural ultra vires:

  • Statutory procedural requirement ( Soneji)

Natural Justice:

  • Rules apply to decision-makers / authority to determine questions affecting the rights of individuals (Ridge v Baldwin)
  • All circumstances fair (Cottrell)

Fair hearing:

  • Right to notice / make representations / legal representation (Ridge v Baldwin)
  • Fair opportunity to state case (Fairmount Investments)
  • cross examine witnesses: necessary prisoner case (St Germain) / not investigative procedure (Cottrell)
  • Decision-maker: must act in good faith and listen fairly to both sides (Board of Education v Rice)
  • McInnes v Onslaw-Fane: type of applicant determine level of hearing / forfeiture: right or position taken away (oral hearing) / mere application: refusal to grant (acting in good faith)
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JR Claim: Grounds

[Flash Card 3 of 3]

Procedural Impropriety:

Legitimate expectation:

  • Express promise / existence of regular practice / cl. can reasonably rely upon / must arise in mind of cl. ( GCHQ )
  • Procedural: not follow promised or normal procedure (Liverpool Taxis) / substantive: led someone to believe will receive a benefit (Coughlan)
  • Expectation formed in mind due to conduct of decision maker / breached / expectation reasonable or justifiable / not capable of being overridden by public interest


  • Injustice ( Re Medicaments & Related Classes of Goods)
  • Automatic disqualification: pecuniary (Dimes) / involved in promoting same cause as a party (Pinochet)
  • Apparent bias: objective test / fair-minded & informed observer / conclude real possibility of bias (Porter v Maghill)
  • Not disqualified if only person who can take decision / statutory obligation

Duty to give reasons:

  • Statutory requirement / affects claimant so seriously fairness requires (Doody) / no reasons precludes review (Cunningham)

ECHR Article 6:

  • Right to fair trial / restrictive approach: independent decision not subject (Alconbury)
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