W2 - Grounds of Judicial Review 1 and 2

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Which one of the following statements is incorrect?

The courts have described a public body acting beyond the boundaries of its statutory powers as acting ‘outside the four corners of the Act’.

In Attorney General v Fulham Corporation the court held that the local authority had acted ultra vires when it used a power, allowing it to establish washhouses for residents to do their laundry, to instead provide a service where residents paid the local authority to do the laundry for them.

A public body will have acted ultra vires where it used a power to do something that was not authorised by that power, unless it can be shown that the action in question was reasonably ancillary to the power.

In the case of ex parte Witham, the court was satisfied that the court fee was lawful, as there was a clear power in the relevant statutory instrument, allowing the Lord Chancellor to increase court fees as he saw fit. (correct)

Which one of the following statements is correct?

Precedent facts were the first form of error of fact to be recognised by the courts. They will always be reviewable in principle whereas the courts will often decline to intervene in no evidence and established fact errors.

In assessing whether there has been an error of law, the courts are unlikely to intervene where the legislative wording in question is so broad and imprecise that it is capable of bearing different meanings. (correct)

The courts will not review a potential error of law if there is even the slightest lack of clarity in the relevant statutory provision.

Precedent facts were the first form of error of fact to be recognised by the courts. They will always be reviewable in principle whereas the courts will often decline to intervene in no evidence and established fact errors.

Which one of the following statements is incorrect?

The current test, applied by the courts for assessing errors of established fact, can be found in the case of Secretary of State for Education v Tameside MBC. (correct)

In ex parte Khawaja the court found that it could review the alleged error of fact in order to ascertain whether the applicant was an ‘illegal entrant’ and therefore, whether the power to detain him arose in the first place.

In the case of GCHQ Lord Diplock said that, by illegality, he meant that the decision-maker must understand correctly the law that regulates his decision-making powers and must give effect to it.

In Anisminic and ex parte Page the courts confirmed that all errors of law would in principle be subject to judicial review.

Which one of the following statements is incorrect?

If a decision-maker fails to take into account a mandatory factor or takes into account a prohibitory factor, the decision will not automatically be unlawful. (A) Signup and view all the answers

Which one of the following statements is correct?

A public law decision-maker will not necessarily have fettered its discretion if it has considered and applied relevant policy criteria to the detriment of the applicant. (C) Signup and view all the answers

Which one of the following statements is incorrect?

In ex parte Collymore the court held that there had not been a fettering of discretion, because it accepted an assurance given by Warwickshire County Council that it had carefully considered the applicant’s individual application for a student grant. (D) Signup and view all the answers

Which one of the following statements is incorrect?

The Wednesbury test is designed to assess whether a public body has wrongly decided a case on its merits. (C) Signup and view all the answers

Which one of the following statements is correct?

The cases of ex parte Fielder Estates and ex parte Luff provide contrasting outcomes in claims concerning irrationality. (C) Signup and view all the answers

Which one of the following statements is incorrect?

A public law decision that violates a constitutional principle does not fall within the ambit of Wednesbury unreasonableness, as it is not for the courts to enforce such principles through applicants bringing judicial review claims. (D) Signup and view all the answers

Which one of the following statements is correct?

The courts’ approach to the intensity of review can be seen as a practical reflection of separation of powers theory in the UK. (C) Signup and view all the answers

Which one of the following statements is incorrect?

Whilst the broader influence of proportionality in domestic law is still open to debate, it is clear that proportionality has now replaced the Wednesbury standard. (A) Signup and view all the answers

Which one of the following statements is incorrect?

The case of R v Secretary of State for Defence ex parte Smith demonstrates that an intense degree of scrutiny in a claim involving fundamental rights will provide a court decision that is favourable to the applicant. (D) Signup and view all the answers