Procedural Impropriety – bias
“Judicial review has I think developed to a stage today when…one can conveniently classify
under three heads the grounds upon which administrative action is subject to control by
judicial review.
• The first ground I would call ‘illegality,’
• the second ‘irrationality’ and
• the third "procedural impropriety.’”
(Lord Diplock in the GCHQ case)
PROCEDURAL IMPROPRIETY – BIAS
ISSUE: The issue in this scenario is under the ground of what Diplock in the GCHQ case
called, ‘procedural impropriety’ and more specifically this engages with bias.
LEAGAL RULE decision makers must be impartial and even (merely)
potentially partial bias decision makers must recuse
themselves
ACTUAL BIAS
if ever a decision maker was shown to actually be bias, they would be eliminated
from the decision-making process
SPECIFIC LEGAL TEST if ever a decision maker was shown to actually be bias, they
would be eliminated from the decision-making process
AUTHORITY FOR TEST Red River
United Cabbies Group
claimants pleaded actual bias, but courts redirected
HOWEVER,… Actual bias is not a significant part of UK law and in practice
this argument collapses as other bias approaches are easier to
use and prove
THEN APPLY TO FACTS OF PROBLEM QUESTION!!!
“Judicial review has I think developed to a stage today when…one can conveniently classify
under three heads the grounds upon which administrative action is subject to control by
judicial review.
• The first ground I would call ‘illegality,’
• the second ‘irrationality’ and
• the third "procedural impropriety.’”
(Lord Diplock in the GCHQ case)
PROCEDURAL IMPROPRIETY – BIAS
ISSUE: The issue in this scenario is under the ground of what Diplock in the GCHQ case
called, ‘procedural impropriety’ and more specifically this engages with bias.
LEAGAL RULE decision makers must be impartial and even (merely)
potentially partial bias decision makers must recuse
themselves
ACTUAL BIAS
if ever a decision maker was shown to actually be bias, they would be eliminated
from the decision-making process
SPECIFIC LEGAL TEST if ever a decision maker was shown to actually be bias, they
would be eliminated from the decision-making process
AUTHORITY FOR TEST Red River
United Cabbies Group
claimants pleaded actual bias, but courts redirected
HOWEVER,… Actual bias is not a significant part of UK law and in practice
this argument collapses as other bias approaches are easier to
use and prove
THEN APPLY TO FACTS OF PROBLEM QUESTION!!!
