Deck 23: Grounds for Judicial Review II: Procedural Impropriety

Question 1

A financial interest in the outcome of a case will automatically disqualify a judge from hearing a case.

Answer 1

True

Question 2

With reference to case law, outline the courts' approach to the admissibility of evidence in public decision making.

Answer 2

No Answer

Question 3

With reference to case law, outline the courts' approach to legitimate expectation in decision making.

Answer 3

No Answer

Question 4

Outline the basic elements of a fair trial.

Question 5

Explain, using case law examples, the courts' approach to bias in decision making.

Question 6

With reference to case law, outline the courts' approach to procedural impropriety under statute.

Question 7

Which of the following can be taken into account in the determination of a legitimate expectation in relation to decision making?

A) The giving of assurances
B) Guidance
C) Policy
D) Acting in a manner so as to create an expectation

Question 8

Which of the following is NOT one of the exceptions to the general rule that no reasons need to be given at common law?

A) Failure to give reasons amounts to arbitrariness
B) Giving reasons will prejudice the applicant's chances of successfully applying for judicial review
C) Reasons should be provided in the interests of fairness
D) Reasons would highlight the need for further public funding

Question 9

Which Article of the ECHR is most relevant to judicial review on procedural impropriety?

A) 5
B) 6
C) 7
D) 8

Question 10

Which of the following does NOT fall under the umbrella term of procedural impropriety?

A) Breach of natural justice
B) The rule against bias
C) Error of law
D) Failure to give reasons

Question 11

There is a general right to legal representation if the public decision is being made in a semi-judicial manner.

Question 12

In relation to a judicial decision, where there is an oral hearing it should be conducted according to the strict rules which would apply to a court of law.

Question 13

The right to make representations always includes a right to be heard orally.

Question 14

All decisions of a local authority are open to an action for judicial review based on the right to a fair trial.

Question 15

A judge may disqualify him or herself from hearing a case if he or she perceives a bias.

Question 16

Explain, using case law examples, the courts' approach to the giving of reasons in public decisions.