THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3008 ZB

DIPLOMA IN THE COMMON LAW

LLB

ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

Administrative Law

Wednesday 4 May 2016: 14.30 – 17.45

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

Permitted materials
None.

© University of London 2016

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1. “It would be an entirely sensible development for English administrative
law wholly to abandon the concept of estoppel and instead to develop
more fully the doctrine of substantive legitimate expectations.”

To what extent to you agree with this proposition?

2. “Irrationality is a ground of review that is far too indulgent of executive

autonomy. The interests of good governance would be much better
served if the courts were to accept proportionality as a ground of
judicial review that could be applied to all government decisions,
irrespective of whether such decisions raise issues under EU law or the
Human Rights Act.”

Discuss.

3. Assess the proposition that Ombudsmen have made little positive

contribution to improving the conduct and outcome of government
decision-making.

4. “The judgment of the House of Lords in O’Reilly v Mackman (1983)

was a very unfortunate decision and is now so hedged around with
exceptions that it ought simply to be overruled.”

Discuss.

5. To what extent can it credibly be argued that the enactment and

implementation of the Human Rights Act 1998 has reinforced Diceyan
understandings of the principle of the rule of law?

6. “Public law is not at base about rights, even though abuses of power
may and often do invade private rights; it is about wrongs — that is to
say misuses of public power; and the courts have always been alive to
the fact that a person or organisation with no particular stake in the
issue or the outcome may, without in any sense being a meddler, wish
and be well placed to call the attention of the court to an apparent
misuse of public power.” per Sedley J in Somerset County Council and
ARC Southern Ltd, ex p Dixon (1997).

Does this assertion accurately express the current law on the question
of locus standi?

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7. “Having found a legal defect in the procedure . . . the court retains a
discretion to refuse relief if the applicant in practice has been able to
enjoy the rights conferred by legislation, and there has been no
substantial prejudice.” (Lord Carnwath in R (Champion) v North
Norfolk District Council (2015)).

Does this exemplify the contemporary approach of the courts to failures

to comply with statutory procedural requirements?

8. After it is found that numbers of soldiers given vaccinations in the Army

have been suffering from serious side effects, the Government, while
denying liability, bows to pressure and sets up a special body to make
compensation awards to affected persons. The body, the Claims for
Army Medical Reactions Authority (CAMRA), is not statutory, but
makes discretionary awards on the basis of guidelines made by the
Secretary of State for Defence.

(a) CAMRA rejects a claim from Adnams. Adnams feels he had not
enough time to prepare his case, as it was dealt with one
afternoon and he was only told that it was coming up that
morning.

(b) CAMRA rejects Bateman’s claim. The matter was dealt with on
paper, but she would have liked an oral hearing.

(c) CAMRA makes a low award to Cropton. He was allowed an oral

hearing, but not allowed to be represented by a lawyer.

(d) CAMRA rejects Dent’s claim, going by the verdict of Fuller, a

medical expert who advises them on victims’ conditions. It later
comes to light that Fuller was previously married to Dent, and
the marriage broke up acrimoniously.

(e) Everard’s award from CAMRA appears to be much lower than

those in comparable cases, but he is given no reasons for the
decision.

Advise Adnams (A), Bateman (B), Cropton (C), Dent (D) and Everard
(E) if CAMRA has acted unlawfully in their respective cases.

END OF PAPER

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