Grounds of Judicial Review 3

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Which one of the following statements is incorrect?

In R v Guraj, applying the principles in Soneji, the court held that the relevant decision should not be set aside because, whilst a serious procedural breach had been committed, it had been remedied and the defendant had not suffered any unfairness as a result.

If a public body breaches a mandatory procedural statutory rule, then this will invalidate the relevant decision. (correct)

In the case of JN (Cameroon) the failure to follow the statutory obligation was effectively considered technical in nature and so not sufficient to conclude that Parliament could have intended this breach to justify invalidating the decision.

The historic approach of the courts concerned the distinction between mandatory statutory rules and those rules which were found to be directory in nature.

Which one of the following statements is correct?

In Lloyd v McMahon, Lord Bridge set down mandatory factors that the courts must consider in assessing the level of fairness owed by a decision-maker.

An applicant must show that the public body who made the decision owed them a high level of fairness in order for the court to go on to assess the content of the fairness and whether there was a breach.

A duty to act fairly will almost always apply to administrative and judicial decision-making - the crucial question is the level of the duty that should apply, which will depend upon the context of the decision and the legal issues involved. (correct)

The common law duty to act fairly applies only to judicial decision-making and not to administrative decision-making.

Which one of the following statements is incorrect?

In McInnes v Onslow-Fane, when considering the level of fairness owed in a licensing case, the court made a distinction between application cases and forfeiture cases, and also discussed a third category of legitimate expectation cases.

In Ridge v Baldwin the House of Lords clarified that the duty to act fairly applied to both judicial and administrative decision-making.

In JN (Cameroon) the approach followed by the court with respect to a failure to comply with the Immigration (Notices) Regulations 2003 was to assess the consequences of the failure and then ask what Parliament could have intended in light of those consequences.

In Soneji, the court endorsed the approach in Aylesbury Mushrooms, with respect to the assessment of procedural statutory rules. (correct)

Which one of the following statements is incorrect?

There is a common law right to be given reasons for administrative decisions whether those are full reasons or a gist or summary of the reasons. Signup and view all the answers

Which one of the following statements is correct?

There is no automatic duty under the common law for public bodies to hold oral hearings to decide administrative issues. Signup and view all the answers

Which one of the following statements is incorrect?

In the case of ex parte Tarrant, the court held that for procedural fairness to be satisfied, legal representation must always be available for the person challenging the decision. Signup and view all the answers

Which one of the following statements is incorrect?

For a decision to be quashed on the basis of direct bias, the decision will only be invalidated if actual and deliberate bias is shown. Signup and view all the answers

Which one of the following statements is correct?

The test for indirect bias is whether the fair-minded and informed observer, having considered all the relevant facts, would conclude that there was a real possibility that the decision-maker was biased. Signup and view all the answers

Which one of the following statements is incorrect?

In the case of Helow, the House of Lords followed the approach in ex parte Pinochet and held that the determination of the Scottish Court of Session had been tainted by direct bias due to the participation of Lady Cosgrove who had a personal interest in the case. Signup and view all the answers