THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALL

LA2008 ZA
LLB
BSc DEGREES WITH LAW

Administrative law

Thursday 30 May 2019: 10.00 – 13.15

DO NOT TURN OVER UNTIL TOLD TO BEGIN

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions. Candidates must answer all parts of a question unless
otherwise stated.

Candidates must answer FOUR of the following EIGHT questions.

Permitted materials
None.

© University of London 2019

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1. ‘Administrative discretion brings with it a number of important
advantages and disadvantages.’

Discuss, considering the way in which administrative law seeks to

control the use of administrative discretion.

2. ‘The strict procedural divide between claims for judicial review and
actions in private law introduced the Senior Courts Act 1981 and the
decision of the House of Lords in O’Reilly v Mackman has seen
significant erosion.’

Discuss.

3. ‘The law on jurisdictional error is replete with uncertainties.’

Discuss.

4. ‘The courts have failed to strike an appropriate balance between the

objectives of the law on procedurally fair decision-making and the need
for effective and efficient public administration.’

Discuss.

5. ‘The Parliamentary Commissioner for Administration delivers an

effective means of grievance redress for those who have suffered the
consequences of poor public administration.’

Discuss.

6. ‘The Wednesbury test of unreasonableness has expanded so greatly in

its scope that the application of the test is now extremely uncertain.’

Discuss.

7. ‘The law of standing applicable to claims for judicial review, along with
the rules on delay and costs impose an excessive burden on those who
wish to bring a claim for judicial review of administrative action.’

Discuss.

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8. The (fictitious) Light Aircraft Commission (LAC) has been set up by
statute to determine whether the use of light aircraft is permitted or
prohibited in particular geographical areas and, where such use is
permitted, to regulate the use of light aircraft. The LAC has five
members, appointed by the Secretary of State for Transport.

(a) The LAC prohibited the use of light aircraft over a large
area of land in Blankshire. It has since transpired that this
land is owned by two members of the LAC. Thalia, a light
aircraft enthusiast resident in Blankshire, is unhappy about
this decision.

(b) The statute creating the LAC requires “consultation with

interested parties” prior to the drawing up of rules on the
safe use of light aircraft. The Light Aircraft Manufacturers
Association were not consulted prior to the creation of the
rules.

(c) The LAC prohibited the use of light aircraft over a large part
of Hartshire. Malik, a local businessman who operates a
fleet of light aircraft in Hartshire for the purpose of
television filming, is unhappy with this decision. The LAC
has refused to give reasons for its decision and has
refused to allow Malik to make representations in relation
to its decision.

(d) The LAC has prohibited the flying of all light aircraft made
by Sopwith, a small manufacturer, as it has determined
that they are unsafe. This decision has been made
ignoring the expert evidence provided by Sopwith that its
aircraft were safe and contained similar safety equipment
to those manufactured by all of its competitors.

Advise Thalia, The Light Aircraft Manufacturers Association, Malik and

Sopwith whether the LAC has acted unlawfully in their respective cases
and on whether it will be possible to claim judicial review in order to seek
redress.

END OF PAPER

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