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Worksheet 2 Judicial Review Grounds - Administrative Law MonaLaw 2022-2023 Tenesha Myrie
Worksheet 2 Judicial Review Grounds - Administrative Law MonaLaw 2022-2023 Tenesha Myrie
FACULTY OF LAW
Mona Campus
WORKSHEET TWO
SUMMARY
USEFUL READINGS
• Lord Diplock, “Administrative Law: Judicial Review Reviewed”
(1974) Cambridge Law Journal 233 at 243
• Anisminic Ltd v Foreign Compensation Commission [1962] 2 AC 147
• Albert Fiadjoe, Commonwealth Caribbean Public Law 3rd edn
(Routledge Cavendish 2008) Chapter 2, pages 27 - 55
• Eddy Ventose, Commonwealth Caribbean Administrative Law
(Routledge 2013) Chapters 6, 7, 8, 14
• Wade and Forsyth, Administrative Law 11th edn (OUP 2014) Chapters
8, 10, 11
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LEARNING OUTCOMES
* Natural Justice and Legitimate Expectations are examined in worksheets #3 and #4,
respectively.
In Council of Civil Service Unions v Minister for the Civil Service [1984] 3
ALL ER 935 (“the CCSU case”), Lord Diplock identified the following
grounds for judicial review: illegality, irrationality, procedural impropriety,
… possibly proportionality. Lord Roskill in Wheeler v Leicester City Council
[1985] AC 1054 soon thereafter pointed out that these “three heads are
not exhaustive, and as Lord Diplock pointed out, further grounds may
hereafter require to be added. Nor are they necessarily mutually
exclusive.”
These grounds have since been expanded. Guyana’s Judicial Review Act
lists 18 grounds. Trinidad and Tobago’s Judicial Review Act lists 15
grounds. Barbados Administrative Justice Act lists 12 grounds. These
lists are not exhaustive.
You will recall our discussion in Worksheet One that the ‘central principle
of administrative law is that a public authority may not act outside of its
powers (ultra vires).’ A distinction is usually made between substantive
ultra vires and procedural ultra vires. On this distinction, please read
Fiadjoe pages 29 – 33. On the doctrine generally, please look at:
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C. ABUSE OF DISCRETION
Errors of Fact
• R v Hackney etc Rent Tribunal ex p Keats [1951] 2 KB 15
• Re Lalla Suit No S-306 of 1993, decided 2 February 1996, H Ct
Trinidad and Tobago
• R v Board of Supervision ex p Ferguson (1934) 2 JLR 94
• Secretary of State for Education and Science v Tameside MBC
[1977] AC 1014
• E v Home Secretary [2004] EWCA Civ 49
3
Errors of Law
• R v Fulham etc Rent Tribunal ex p Phillippe [1950] 2 All ER 211
• Anisminic Ltd v Foreign Compensation Commission [1962] 2 AC 147
• Pearlman v Harrow School Governors [1979] QB 56
• South East Asia Fire Bricks Sdn v Non-Metallic Mineral Products
Manufacturing Employees Union [1981] AC 363
• Re Racal Communications Ltd reported as Re a Company [1981] AC
374
• O’Reilly v Mackman [1983] 2 AC 237
• Boddington v British Transport Police [1999] 2 AC 143
• Lumba and Mighty v Home Secretary [2011] UKSC 12
• R v Hull University Visitor ex p Page [1993] AC 682
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H. TUTORIAL QUESTIONS