Illegality

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Highland Regional Council v British Railway Board
- Procedural illegality
- to remove passenger services must give 3 month notice
- instead changed service
- held unlawful, old service were gone, in breach of duty
ex Times Supplements
Bad faith
- power to advertise teachers' posts
- sued times for defamation after bad article
- moved to guardian
- had acted in bad faith to punish newspaper
Macbeth v Ashley
Improper purpose
- authority to vary pub opening times
- council beived in abstinence, shortest time possible
- acted for improper purpose, made it rule rather than exception
Padfield
- improper purpose
- farmers duty sell milk directly to milk board for fixed price
- sec of state had duty to refer any complaints to commision
- refused to pass on complaint as knock on effect and embarassing
- improper use of his power
R v Somerset council
- irrelevant considerations
- had power to manage develop, improve land
- banned deer hunting
- morality was irrelevant consideration
R v Home sec ex Thomson
- ir(relevant) considerations
- sec of state power to grant min sentence for murder
- set higher than judges opinion due to public pressure
- should have taken into consideration judges
- public pressure was an irrelevant consideration
RM v Scottish Ministers
- frustrating the aims of statute
- patients in designated state hospitals to appeal conditions of their detention
- act didn't state what designated hospitals were
- non-exercise of discretion they had frustrated aim of statute
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