lecture 17- grounds of judicial review 2
In this session
1. Explain what is meant by procedural impropriety
2. Use case law to explain statutory procedural impropriety
3. Use case law to explain common law procedural impropriety
Grounds of procedural impropriety
A decision is flawed because the decision maker did not follow the correct process.
A particular process can be specified in the statute giving the decision-maker power.
In any event, at common law, ALL decisions must comply with some factors required for any process
to be fair.
Statutory requirements
The question for the court is now:
- Has there been substantial compliance with the statutory procedure?
- R v Secretary of State ex p Jeyeanathan [2001] 1WLR 354
- the c applied for asylum on the basis that he would face persecution for violence at home,
his initial claim was refused so he applied. they said for his appeal to go ahead the home
office was required to send him a whole load of documents to help him set out his appeal.
they sent him most of those documents but didn’t send him his doctrine of truth. but they
still found that he had sent him most of the relevant documents that would allow him a fair
chance at appeal.
What sorts of procedures have the courts insisted should be observed?
A statutory duty to consult (Agricultural, Horticultural and Forestry Industry Training Board v
Ayelsbury Mushrooms [1972]1 All ER 280)
- the act of parliament that gave the minister the power to take the decision stated, that
there was a statutory duty to consult.
A statutory duty to give reasons (Horada v Secretary of State for Communities and Local
Government [2016] EWCA Civ 169)
- involved planning permission in a local authority, a minister was required to give reasons
why the planning permission was rejected, which they did but very briefly, it was found the
minister did not give enough detail required within his job.
Common law procedural impropriety: ‘natural justice’
Any decision should comply with the rules of ‘natural justice’:
- right to a fair hearing
- an unbiased decision
- compliance with a legitimate expectation
- in some circumstances, giving reasons for a decision
Right to a fair hearing
In this session
1. Explain what is meant by procedural impropriety
2. Use case law to explain statutory procedural impropriety
3. Use case law to explain common law procedural impropriety
Grounds of procedural impropriety
A decision is flawed because the decision maker did not follow the correct process.
A particular process can be specified in the statute giving the decision-maker power.
In any event, at common law, ALL decisions must comply with some factors required for any process
to be fair.
Statutory requirements
The question for the court is now:
- Has there been substantial compliance with the statutory procedure?
- R v Secretary of State ex p Jeyeanathan [2001] 1WLR 354
- the c applied for asylum on the basis that he would face persecution for violence at home,
his initial claim was refused so he applied. they said for his appeal to go ahead the home
office was required to send him a whole load of documents to help him set out his appeal.
they sent him most of those documents but didn’t send him his doctrine of truth. but they
still found that he had sent him most of the relevant documents that would allow him a fair
chance at appeal.
What sorts of procedures have the courts insisted should be observed?
A statutory duty to consult (Agricultural, Horticultural and Forestry Industry Training Board v
Ayelsbury Mushrooms [1972]1 All ER 280)
- the act of parliament that gave the minister the power to take the decision stated, that
there was a statutory duty to consult.
A statutory duty to give reasons (Horada v Secretary of State for Communities and Local
Government [2016] EWCA Civ 169)
- involved planning permission in a local authority, a minister was required to give reasons
why the planning permission was rejected, which they did but very briefly, it was found the
minister did not give enough detail required within his job.
Common law procedural impropriety: ‘natural justice’
Any decision should comply with the rules of ‘natural justice’:
- right to a fair hearing
- an unbiased decision
- compliance with a legitimate expectation
- in some circumstances, giving reasons for a decision
Right to a fair hearing
