JR - Flashcards in Other Other

Created by: cephillips
Created on: 19-05-14 10:34

If a proposal affects a defined group, there should be consultation but where consultation will not affect outcome, none is required

Bhatt Murphy [2008] & Ex P AMA [1986]

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The body must issue proper consultation papers

Ex P Gunning [1985] - Proper way to consult includes considering the product of consultation and consulting formally with fulll information

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There should be enough time to reply to consultation

Lee V DES [1967] - we can see that 3-4 days to reply to consultation is not enough and there should be reasonable time provided

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Public Bodies can only consider relevant considerations

Ex P Venables and Thompson [1998] (HO considered public opinion and own policies and not welfare of applicants as S44(1) Children Act 1933 stated)

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Natural Justice (No man shall judge his own cause, parties shall be fairly heard) applies to administrative bodies acting judicially

Ridge v Baldwin [1964]

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Carltona principle

A principle that permits civil servants to act as the Secretary of State. The principle was recognised by the courts in Carltona v Commissioner of Works [1943]

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Doody [1994]

Lord Mustill said in Doody that “the [common] law does not at present recognize a general duty to give reasons for an administrative decision”.

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R (on the application of Hasan) v Secretary of State for Trade and Industry [2008]

an authority will be obliged to give reasons where: statute expressly requires them; fairness requires them; and the decision - on its face and without reasons - appears aberrant.

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