Self-test questions: JR: Impropriety

* not completed

. Which of the following statements describe what the courts have termed 'direct bias' as a ground for judicial review?

Where a decision maker with a public function is shown on the facts to have been biased in their decision. correct incorrect

Where a decision maker with a public function has a financial or pecuniary interest in the result of the decision. correct incorrect

Where a decision maker with a public function has a political (ideological) interest in the result of the decision. correct incorrect

Where a decision maker with a public function makes a decision where the court would find that there was a real danger of bias. correct incorrect

Where a decision maker with a public function has a relationship with a person affected by the decision. correct incorrect

* not completed

. Which of the following best describes the commonly referred to 'heads' which Lord Diplocks uses to classify the grounds of judicial in Council of Civil Service Unions v Minister for the Civil Service [1985] A.C. 374?

Irrationality, procedural impropriety, and illegality correct incorrect

Wednesbury unreasonableness, procedural impropriety, and ultra vires correct incorrect

Wednesbury unreasonableness, the duty to act fairly, and illegality correct incorrect

Wednesbury unreasonableness, natural justice, and illegality correct incorrect

Irrationality, natural justice, ultra vires, and proportionality correct incorrect

* not completed

. Lucy owned a food truck from which she made and sold fresh doughnuts. She operated her truck in front of the local museum - and although it was not a formal market area regulated by statute, she had an informal arrangement with the local authority and paid them a regular fee to sell at the location. One morning, Lucy was informed that, with immediate effect, she no longer had permission from the local authority to sell her donuts in front of the museum.

Which of the following statements best describes the reasons for whether Lucy has grounds to have the decision judicially reviewed:

Although the agreement was informal, the local authority had a common law duty to act fairly (under principles of natural justice) - which includes the requirement of notification and the right to be heard. Therefore, Lucy has grounds for seeking judicial review of the decision on the basis of procedural impropriety. correct incorrect

Although the agreement was informal, the local authority still had a common law duty to act fairly (under principles of natural justice) - which includes the requirement of notification so that Lucy would have time to get her affairs in order. Therefore, Lucy has grounds for seeking judicial review of the decision on the basis of procedural impropriety. correct incorrect

Although the agreement was informal, the local authority still had a common law duty to act fairly (under principles of natural justice) - including the requirement to provide reasons for the decision. As no reasons were given Lucy may seek judicial review on the basis of procedural impropriety. correct incorrect

As no reasons were given for the decision Lucy has grounds to seek judicial review of the decision on the basis of Wednesbury unreasonableness. correct incorrect

As Lucy only had an informal arrangement with the local authority there were no required procedures laid out by statute to which Lucy could claim the authority had failed to follow and thus no grounds for review. correct incorrect

* not completed

. Which of the following correctly describe rules as developed by the courts in relation to 'legitimate expectation'?

Legitimate expectation can be based on either a practice or promise. correct incorrect

An expectation would not be legitimate if would 'enlarge' public powers in order not to disappoint expectation. correct incorrect

The court will take into account whether there are overriding policy considerations when assessing the enforceability of the expectation. correct incorrect

An expectation can be removed with reasonable notice. correct incorrect

A person must have relied upon the expectation for its to constitute a ground for review. correct incorrect

* not completed

. Which of the following statements describe the legal relevance of Bagg's Case 77 E.R. 1271 for the study of Constitutional and Administrative Law?

Confirmed as a common law principle of natural justice that no one should be a judge in his own cause (nemo judex in re sua). correct incorrect

Confirmed the right to be heard (audi alterem partem) as a common law principle of natural justice that applies in cases where a person is to be removed from public office for some cause. correct incorrect

Established legitimate expectation as a common law principle of natural justice or the 'duty to act fairly'. correct incorrect

Was a historic example of the judicial position the court may find an Act of Parliament void is if it is 'against common right and reason' (as famously stated by Lord Coke). correct incorrect

Established the principle that where a decision maker has a pecuniary interest in the outcome of the decision the decision is unlawful for bias. correct incorrect

* not completed

. Which of the following describe principles of natural justice?

That all are equal before the law and all law is ordinary law. correct incorrect

The right to be heard. correct incorrect

The right to freedom of thought, conscience and religion. correct incorrect

Legitimate expectation. correct incorrect

A rule against bias. correct incorrect

* not completed

. After a successful public campaign by Friends of the Sand, an environmental advocacy group, the local government agreed to halt granting development permissions to build hotels along ecologically sensitive beachfronts. They also made a public statement that they had no plans to allow for further development of that nature and that they would be conducting a full environmental assessment of the relevant areas.
Six months later, after the findings of the environmental assessment were concluded, the local government granted permission for a major hotel development project along one of the beaches deemed to not to have as high of an environmental significance relative to other locations.
Which statements among the following best describe reasons for why the court may, or may not, conclude the local government had created a legitimate expectation should Friends of the Sand wish to bring a claim for judicial review:

As the government had promised not to allow further development of that nature (eg. hotel developments), Friends of the Sand can claim that a legitimate expectation had been created that no further development would be permitted. correct incorrect

As an environmental group, Friends of the Sand would not be able to bring a claim for judicial review regardless of potential grounds as only individuals directly affected by a decision would have standing. correct incorrect

As plans can change, no representation had been made that the local government would definitively not grant permission for development of this nature in the future. Therefore, no legitimate expectation had been created on which Friends of the Sand can rely as a ground for judicial review.xs correct incorrect

Given the commitment to an environment assessment, the statement that the local government had no further plans to grant permission of development would likely be interpreted as a promise not to permit further hotel developments and therefore creating a legitimate expectation. correct incorrect

The decision to conduct an environmental assessment suggests that future plans may be contingent upon its findings - supporting an argument that no legitimate expectation had been created. correct incorrect

* not completed

. A local authority, which ran a programme providing affordable music tuition to children, had a practice of consulting parents whenever major changes were being proposed to the content or form of provision of the programmes. Due to cuts to their budget, they decided they would amalgamate their music programme with another children's activity programme. This amalgamation would result in a change of location as well as loss of some staff (meaning larger and less frequent classes). The parents were informed of the decision but not consulted.
Which of the following statements provide an accurate description of whether the parents may have grounds to have the decision judicially reviewed:

Because the local authority had an established practice of consultation the parents had a legitimate expectation to be consulted in this instance as well. Therefore the parents have grounds for seeking judicial review of the decision on the basis that the local authority acted ultra vires. correct incorrect

Although there had been a practice of consulting parents on decisions affecting their children's programmes, the local authority had no statutory obligation to do so and therefore there are no grounds on which the parents might seek judicial review. correct incorrect

Although there had been a practice of consulting parents on decisions affecting their children's programmes the local authority had no obligation to do so and any action it took was entirely within their discretionary powers. correct incorrect

Because the local authority had an established practice of consultation the parents had a legitimate expectation to be consulted in this instance as well. Therefore the parents have grounds for seeking judicial review of the decision on the basis of procedural impropriety. correct incorrect

There was no explicit promise made to the parents that they would be consulted and therefore no legitimate expectation. As such, there are no grounds on which the parents might seek judicial review. correct incorrect

* not completed

. Morwenna was renovating her store front and decided to extend the entrance several feet further toward the street. Although she did not seek permission to do so she was of the opinion that this was a normal kind of extension in the area. Unfortunately for Morwenna, about a week later, workers from the local council appeared at her door with notice that she had committed an offense according to the Metropolitan Building Act 1975. This was because her extension was beyond the 'general line of buildings' as determined by the superintending architect (given the authority to decide this line according to process as laid out by the statute). The workers began demolition of the extension at the close of business hours.
Morwenna called the local magistrate in charge of enforcement and after viewing the premises the magistrate agreed with Morwenna about what appeared to her to be the general line of buildings, and therefore concluded that the superintendent architect had been wrong in their determination of the line, and that no offense had been committed.
(Note that this is a hypothetical scenario and the Metropolitan Building Act 1975 is fictional.)
Which of the following statements best describes the outcome of an application of principles of procedural impropriety as a ground of review to the scenario?

The decision that no offence was committed stands as the magistrate had the right to both decide whether an offence was committed, and, by implication, to determine where the line of buildings fell. Further Morwenna should have been notified of such a decision in advance so that she could make a representation (be heard) on the matter before demolition commenced. correct incorrect

Morwenna should have been notified in advance so that she could make a representation (be heard) in relation to the decision before demolition commenced. correct incorrect

The magistrate did not have the authority to determine the line of buildings and so his decision was unlawful due to procedural impropriety. Morwenna had a right to be notified in advance of the decision so that she could make appropriate arrangements to mitigate its effect on her business. correct incorrect

The magistrate did not have the authority to determine the line of buildings and so his decision was unlawful due to procedural impropriety. Morwenna should also have been notified in advance so that she could make a representation (be heard) in relation to the decision before demolition commenced. correct incorrect

The decision that no offence was committed stands as the magistrate had the right to decide on the offence, and, by implication, to determine where the line of buildings fell. However, Morwenna had a right to be notified in advance of the decision so that she could make appropriate arrangements to mitigate its effect on her business. correct incorrect

* not completed

. Fred had received a letter from the government detailing criteria required for him to meet in order to bring his ailing grandmother to the UK. Having complied with all criteria detailed in the letter, Fred's application was rejected. After enquiring as to the reasons why he was told that there had been a mistake in the letter and that the criteria described to him did not conform with policy.
Which of the following statements best describes the likely finding by the court if Fred sought judicial review of the decision:

Fred had a legitimate expectation that the criteria described to him would be applied and could therefore bring his grandmother to the UK. correct incorrect

The government should be bound by the representation unless: (i) they provided Fred the opportunity to be heard on the matter; and (ii) there was an overriding policy reason for, or public interest in, not applying the criteria as represented. correct incorrect

A legitimate expectation cannot be based upon an error and therefore there are no grounds to challenge the decision. correct incorrect

Overriding policy considerations mean that Fred does not have a legitimate expectation for the criteria as represented in the letter to apply. correct incorrect

To decide based on the incorrect criteria would be ultra vires and therefore the representation does not create a legitimate expectation. correct incorrect

* not completed

. Which of the following statements best articulates the ratio decidendi for the finding of bias in the case of R v Bow Street metropolitan Stipendiary Magistrate, ex p Pinochet (No 2) [2000] 1 A.C. 119:

As Amnesty International (AI) was considered a party to the proceedings, and Lord Hoffman was director and chairman of Amnesty International Charity Ltd. (AICL), Lord Hoffman was a judge in his own cause and thus automatically disqualified from deciding on the case. correct incorrect

Because Lord Hoffman did not disclose his relationship with Amnesty International prior to the proceedings, the fair-minded observer with knowledge of the relevant facts would have the suspicion of bias and therefore vitiates the previous decision. correct incorrect

As Lord Hoffman worked for AI, he had a financial interest in the outcome of the case and was therefore automatically disqualified from deciding on it. correct incorrect

As a member of Amnesty International, Lord Hoffman had actively campaigned for a change in law that would allow heads of state to be prosecuted for crimes against humanity, as such he was disqualified from hearing the case for actual bias. correct incorrect

Because Amnesty International, considered a party to the proceedings, had a close working relationship and shared object with Amnesty International Charity Ltd. (AICL) for which Lord Hoffman had served as a director and chairman, Lord Hoffman was found to have a direct interest in the outcome of the case and therefore was automatically disqualified from deciding on it. correct incorrect

* not completed

. Which of the following statements best describes the test for apparent bias:

Whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility of bias. correct incorrect

Whether the court, having considered the facts, would conclude that there was a reasonable suspicion or apprehension of bias. correct incorrect

Where a decision maker has a direct financial interest in the outcome regardless of whether they are, in fact, biased. correct incorrect

Where a decision maker has a direct financial or ideological interest in the outcome regardless of whether they are, in fact, biased. correct incorrect

Whether the facts, as assessed by the court, give rise to a real likelihood of bias. correct incorrect

* not completed

. The Mushroom Commissioner - an industry expert whose position is empowered by statutory instrument to make decisions on grants for the purpose of supporting the growth of the British mushroom farming industry - has recently approved a grant for her son-in-law's (Timo's) mushroom growing business. Phil, one of Timo's direct competitors for the niche market of rare gourmet mushrooms is convinced the decision is unfair.
Based on the facts given which of the following statements best specifies potential grounds for judicial review of the decision:

That there is the appearance of bias. correct incorrect

That bias is proven on the facts. correct incorrect

That there is direct bias and the decision was irrational. correct incorrect

That there direct bias. correct incorrect

That there is direct bias and the decision is ultra vires. correct incorrect

* not completed

. Which of the following statements describe the legal significance of Dimes v. Proprietors of Grand Junction Canal (1852) 3 H.L Cas 759 for the rule against bias?

Which of the following statements describe the legal significance of Dimes v. Proprietors of Grand Junction Canal (1852) 3 H.L Cas 759 for the rule against bias? correct incorrect

Where a decision maker has a financial interest in the outcome of the decision, they are automatically disqualified from the decision-making process. correct incorrect

Where a decision maker has a financial interest in the outcome of the decision, they are automatically disqualified from the decision-making process. correct incorrect

Where there are grounds for a reasonable suspicion that a decision maker is biased they are automatically disqualified from the decision-making process. correct incorrect

As justice must be seen to be done, anyone with a direct interest in the outcome of a case will automatically be disqualified from deciding on it regardless of whether they are actually biased or not correct incorrect

* not completed

. Due to a finding of misconduct, Giulia had recently been given notice of termination of employment in public office as the Chief Medical Examiner. She had not been given a hearing to respond to the claims made against her.
Malcolm was keen to take Giulia's position and applied for the role, but his application was rejected without any reasons being given. He knew that he fulfilled the essential criteria for the job and had been working closely with Giulia for several years on the core elements of the role. He didn't think the decision made any sense.
Which of the following statements best describes whether Giulia and Malcolm have grounds to have the decisions affecting them judicially reviewed?

Neither Giulia nor Malcolm has any grounds for review as employment is regulated by the law of contract and is therefore a matter of private rather than public law. correct incorrect

Giulia has a right to be heard under principles of natural justice and can therefore seek to have the decision reviewed on the grounds of procedural impropriety. However, Malcolm is not entitled to know the reasons for why his application was rejected and so he has no grounds to seek judicial review. correct incorrect

Giulia has a right to be heard in relation to the claims made against her, and Malcolm has a right to know the reasons for the decision concerning his application. Both these rights fall within the principles of natural justice and indicate that the decisions were made ultra vires. correct incorrect

Giulia has a right to be heard in relation to the claims made against her, and Malcolm has a right to know the reasons for the decision concerning his application. Both these rights fall within the principles of natural justice, a type of procedural impropriety. correct incorrect

According to principles of natural justice both Malcolm and Giulia have a right to know the reasons for the decisions affecting so that they can assess whether they have a case on the grounds of irrationality or illegality. correct incorrect