7225588
Description
Flashcards by Katie Stevenson, updated more than 1 year ago
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Created by Katie Stevenson
almost 8 years ago
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| Question | Answer |
| D&J Nicol (1915) | Lawful authority ultra vires s190 of Dundee Harbour and Tay Ferries Consolidation Act 1911 (power to maintain/operate ferry service across Tay) to operate commercial cruise service. |
| Duncan Ferguson v SFA (1996 | Lawful authority ultra vires SFA rules for disciplinary committee to suspend footballer for assault on opponent during match missed by referee but caught on camera. Rules require referee to report incident in order for disciplinary committee to take action. |
| McColl v Strathclyde Regional Council (1983) | Lawful authority statutory duty to provide ‘wholesome water’ – read narrowly = remove contaminants; read widely = make MORE wholesome (here, by adding fluoride). Should give reading (here the narrow one) which encroaches least upon rights of individual. Addition of fluoride therefore ultra vires. |
| Ealing London Borough Council case (1986) | Do what powers require you to do unlawful for local authority not to stock the Times and other News International publications in solidarity with striking print workers. Statutory duty to provide comprehensive library service. |
| Padfield case (1968) | Do what powers require you to do DM cannot use discretionary power to frustrate aims of statute (here Minister refused to exercise discretionary power to submit complaint re: milk pricing to regional board as per the relevant statutory scheme) |
| RM v Scottish Ministers (2013) | Do what powers require you to do Scottish Ministers acted unlawfully in failing to certify certain patients and hospitals as ‘qualifying’ patients/hospitals for the purpose of allowing patients to appeal the conditions of detention. Failure so to certify meant no one was possessed of the right contained in the statute. Applying Padfield (above) minister had exercised (or failed to exercise) discretion in a way which frustrated the aims of the statute |
| Glasgow Corpn case (1936) | reasonably incidental production of stationery incidental to statutory duty of local authority to supply stationery to state schools |
| Fulham Corpn (1921) | reasonably incidental paid laundry service not reasonably incidental to duty to ensure facilities available to wash clothes (due to its commercial nature) |
| Derbyshire County Council case (1991) | Disc powers not to be exercised in bad faith bad faith for local authority to withhold job adverts for school posts from Times Education Supplement. Motive was spiteful response to Times articles critical of the local authority |
| Porter v Magill (2001) | Disc power not exercised for improper purpose sale of council housing stock to private sector for improper purpose where aim is to replace likely Labour with likely Tory voters |
| Padfield | Disc power not exercised for improper purpose the minister acted in order to save political face he was held to have acted for an improper purpose |
| Somerset CC, ex p Fewings case (1995) | Cannot take into account irrelevant considerations Majority (Lord Bingham) cruelty/ethical considerations (here around a ban on deer hunting) irrelevant to council’s powers to manage its land (in dissent Brown LJ said these are necessary elements of the balancing exercise undertaken by local authorities and so they were entitled to decide as they did) |
| ex p Venables (1997) | Cannot take into account irrelevant considerations public opinion and media campaign irrelevant to sentencing power of Home Sec over child murderers (here relating to the child killers of James Bulger) |
| Sainsbury’s case (2010) | Cannot take into account irrelevant considerations UKSC split 4:3 on whether Tesco’s promise to develop a second plot of land was relevant to the decision to support application by Tesco or Sainsbury to build supermarket in local authority area (majority view that this was irrelevant; dissenting view that local authority entitled to consider broader public interest) |
| Kelly v Monklands DC (1986) | Do not fail to take account of relevant considerations unlawful failure to take account of report by DSS in determining whether petitioner was a ‘vulnerable person’ for the purpose of social housing provision |
| City Cabs case (1988) | Do not fail to take account of relevant considerations council invited company to report to it on demand for taxis and provision of new licenses – company instructed consultants to report to them on this. Company recommended increase of 350 but failed to notify council of much smaller recommendation (50) by the consultancy |
| Bromley v GLC (1982) | what constitutes a(n ir)relvant consideration mandate commitment to raise rates to subsidise public transport irrelevant – local authority has fiduciary duty to all constituents not just those who voted for it |
| Tameside (1977) | what constitutes a(n ir)relvant consideration a Tory manifesto commitment to reverse previous previous Lab council’s policy of converting grammar to comprehensive schools was relevant in response to order by Lab central government to carry through the change |
| Barry case (1997) | what constitutes a(n ir)relvant consideration limited resources relevant in considering ‘need’ of chronically sick and disabled persons when individual’s provision was cut – parliament could not have intended for need to be assessed independent of the ability to meet that need |
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