Chapter 14 Multiple choice questions

. Which one of the following is not one of the principles of fairness as expressed by Lord Mustill in R v Secretary of State for the Home Department, ex parte Doody [1994] AC 531, 560?

Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances

Fairness requires that not only must justice be done, but that it is manifestly and undoubtedly seen to be done

The statute which creates the discretion gives essential context to a decision, as regards both its language and the shape of the legal and administrative system within which the decision is taken

The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects

. In R v Secretary of State for the Home Department, ex p Jeyeanthan [2000] 1 WLR 354, which question did the court appear to step away from when assessing whether a failure to follow the procedure set out in statute invalidated the decision made?

Is the statutory requirement fulfilled if there has been substantial compliance with the requirement and if so, has there been substantial compliance in the case in issue even though there has not been strict compliance?

Is the non-compliance capable of being waived, and if so, has it, or can and should it be waived in this particular case?

If the non-compliance is not capable of being waived or is not waived then what is its consequence?

Can the breached statutory requirement be classed as mandatory or directory?

. The Supreme Court in R (Moseley) v Haringey LBC [2014] UKSC 56, approved the Sedley criteria for a valid consultation exercise. Which one of the following is not part of the Sedley criteria?

The public authority must accept the result of the consultation exercise and implement the most popular option

The consultation must take place when the proposals are at a formative stage

The body conducting the consultation must give reasons for the proposals to allow for intelligent consideration of the issues and responses to the consultation

The consultation must allow adequate time for consideration response

. There is no general duty to consult at common law. Is this statement true or false?

True

False

. What was the surprising feature of the decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet (No 2) [2001] 1 AC 199?

That the case involved the former Head of State of Chile

That the case reached the House of Lords

That the decision extended the automatic disqualification rule to cases that did not involve financial interests

That the courts did not find a financial interest on the facts of the case

. Which of the following statements most accurately describes the test for apparent bias?

Whether the judge considers that the decision maker was biased

Whether there is a 'real danger rather than real likelihood, to ensure that the court is thinking in terms of possibility rather than probability of bias'

Whether a reasonable person would consider that there is a risk of bias

Whether the circumstances would lead a 'fair-minded and informed observer to conclude that there was a real possibility … that the tribunal was biased'

. Following Megarry V-C's categories as stated in McInnes v Onslow-Fane [1978] 1 WLR 1520, which category of decisions are most likely to require a hearing in order to be made fairly?

Application

Forfeiture

Expectation

Speculative

. At common law, there is no automatic right to legal representation. Is this statement true or false?

True

False

. There is no general duty to give reasons at common law. Is this statement true or false?

False

True

. Generally, legitimate expectations relate to procedural matters, but in the case of R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213, the claimant was able to raise a case regarding a substantive legitimate expectation. What was the key feature of the promise or representation made to the Coughlan?

It was made to the whole world

It was made to a very small number of people

It was made over the internet

It was made to an elderly person

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