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Tags
#cases #illegality #judicial-review #public
Question
When trying to establish what are, and what are not relevant considerations for a decision maker to take into account, regard must first be had to any relevant statute itself. In [case] Megaw J said:

‘…[I]f it be shown that an authority exercising a power has taken into account as a relevant factor something that which it should not properly have taken into account in deciding whether or not to exercise the power, then the exercise of the power, normally at least, is bad. Similarly, if the authority fails to take into account as a relevant factor something which is relevant, and which it ought to have taken into account, the exercise of the power is normally bad’.

Answer
Hanks v Minister of Housing and Local Government [1963] 1 QB 999

Tags
#cases #illegality #judicial-review #public
Question
When trying to establish what are, and what are not relevant considerations for a decision maker to take into account, regard must first be had to any relevant statute itself. In [case] Megaw J said:

‘…[I]f it be shown that an authority exercising a power has taken into account as a relevant factor something that which it should not properly have taken into account in deciding whether or not to exercise the power, then the exercise of the power, normally at least, is bad. Similarly, if the authority fails to take into account as a relevant factor something which is relevant, and which it ought to have taken into account, the exercise of the power is normally bad’.

Answer
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Tags
#cases #illegality #judicial-review #public
Question
When trying to establish what are, and what are not relevant considerations for a decision maker to take into account, regard must first be had to any relevant statute itself. In [case] Megaw J said:

‘…[I]f it be shown that an authority exercising a power has taken into account as a relevant factor something that which it should not properly have taken into account in deciding whether or not to exercise the power, then the exercise of the power, normally at least, is bad. Similarly, if the authority fails to take into account as a relevant factor something which is relevant, and which it ought to have taken into account, the exercise of the power is normally bad’.

Answer
Hanks v Minister of Housing and Local Government [1963] 1 QB 999
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When trying to establish what are, and what are not relevant considerations for a decision maker to take into account, regard must first be had to any relevant statute itself. In Hanks v Minister of Housing and Local Government [1963] 1 QB 999 Megaw J said: ‘…[I]f it be shown that an authority exercising a power has taken into account as a relevant factor something that which it should not properly have taken into

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