Chapter 13 Self-test questions

Following the cases of Anisminic and Page, which sorts of errors of law are potential subjects for judicial review?

Jurisdictional errors of law only

Non-jurisdictional errors of law only

All errors of law

Errors of law that arise from statute

Which of the following factors bolster the view that the courts, rather than decision-makers, should normally have the final say on questions of statutory interpretation? Select all that apply.

Legal expertise

Seniority

Consistency

The independence of the judiciary

In cases such as Re Racal and Page the courts have made it clear that whilst they retain ultimate jurisdiction to determine issues relating to law (but not fact), they will show a level of deference to the original decision-maker in certain situations. Which situations did the courts have in mind? Select all that apply.

When the original decision-maker has legal expertise (e.g. a tribunal).

When the original decision-maker has set out their reasons for adopting a position.

When the original decision-maker has acted in good faith.

When the original decision-maker has expertise in the field of inquiry.

In the case of A v Croydon LBC, the Supreme Court held that to misidentify an individual as an adult rather than a child constitutes an error of law and is thus reviewable by courts.

True

False

Why was the inclusion of Lord Cottenham deemed to breach the rule against bias in the case of Dimes v Grand Junction Canal?

He was the defendant in the dispute.

He had previously made public statements in support of one of the parties involved in the dispute.

He had previously worked alongside one of the lawyers representing one of the parties in the dispute.

He personally held shares in the company involved in the dispute.

Which of the following types of interests automatically disqualifies a decision maker on the ground of apparent bias? Select all that apply.

The decision maker is a party to the dispute.

The decision maker has a financial or proprietary interest in the outcome of the decision.

The decision maker has ruled against a party in a previous judgment.

The decision maker is a friend of a party to the dispute.

The definitive standard for establishing a disqualifying level of apparent bias bias was set out in the case of Porter v Magill. What is that test?

Whether the circumstances would lead an objective observer to conclude that there was a chance of bias.

Whether the circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility of bias.

Whether the circumstances would lead the reasonable person to conclude that there was a real possibility of bias.

Whether the reasonable person would have felt comfortable knowing that the decision-maker was to adjudicate over their own case.

Even in cases where Article 6 is engaged, it is not mandatory in every instance for a decision to be taken by a body which is wholly independent from the context of the decision being made.

True

False

Once an individual has established that they should be afforded a right to a hearing, this should always be an oral hearing.

True

False

Which of the following statements accurately describes the Carltona doctrine?

When Parliament confers discretion on a Minister, a civil servant, and not the Minister, must legally exercise that discretion on his or her behalf.

When Parliament confers discretion on a Minister, a civil servant can legally exercise that discretion on his or her behalf.

When Parliament confers discretion on a Minister, a civil servant cannot legally exercise that discretion on his or her behalf.

When Parliament confers discretion on a Minister, they must first consult every senior civil servant before exercising that discretion.

Courts will sometimes recognise that a legitimate expectation may arise from a certain promise or undertaking, but that not all such statements will give rise to a legally enforceable expectation. Which yardstick, set out in MFK Underwriting, has been frequently employed by the courts to evaluate whether a promise gives rise to an enforceable expectation?

The undertaking must be clear, forceful and devoid of relevant qualification.

The undertaking must be clear, unambiguous and devoid of relevant qualification.

The undertaking must be significant, unambiguous and devoid of relevant qualification.

The undertaking must be clear, unambiguous and forceful.

A legitimate expectation can only arise from an explicit verbal or written promise; it cannot be implied from conduct.

True

False

Decision makers have a legal obligation to take relevant considerations into account when arriving at a decision, but there is no corresponding obligation to discard irrelevant considerations from their minds.

True

False

In the case of Congreve v Home Office the Minister revoked an applicant's television licence, as he believed that it was made prematurely in order to avoid the subsequent licence fee increase. Why was that decision deemed improper?

The Minister had acted for an improper purpose by revoking the licence in order to generate more income.

The claimant had a legitimate expectation that he could apply for a new licence before the increase took effect.

The claimant had not been allowed to contest the decision, nor were they permitted to defend their conduct in a hearing.

The Minister had not provided reasons for his decision.

Which of the following describes a standard most similar to that employed by courts when assessing whether a decision should be regarded as Wednesbury unreasonable?

A decision which is 'lacking in sense'

A decision which 'the average person would disagree with'

A decision which is 'disproportionate'

A decision 'which no sensible person could have come to'

Which of the following stages form part of the proportionality assessment as elucidated in cases such as Daly? Select all that apply.

The decision-maker must pursue a legitimate aim.

The interference with the right or interest must be proportionate to the benefit derived from pursuing a given aim.

The decision-maker's action must interfere with a right or interest.

The decision must be taken in a procedurally fair manner.

In the case of Nicklinson the Supreme Court held that Parliament was not capable of solving controversial and complex questions arising out of moral and social dilemmas such as whether assisted suicide should be permitted, and that therefore only the Courts could decide such matters.

True

False

Because of the Human Rights Act, the Wednesbury standard of review has been replaced with proportionality review.

True

False

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