Hey! Could someone tell me if we use the Factortame criteria only for interim mandatory injunction or also for the prohibitory one? I am kind of confused because the case refers to interim injunction in general but in the tutorial we used it only for the interim mandatory one. Thank you!
i.e. the administration passes a decision to ban all people wearing yellow hats on the streat in liverpool, otherwise you will be fined, You recently bought a very nice gucci hat which is yellow, your favorite color. You cannot wear it on the street and feel that your right of freedom of self-expression/choice is violated. You want to object the new decision and after it has been decided you have standing, you go to court and ask the judge to quash/annul the decision. in the meantime, while the judges work hard on reviewing the legality of the admin decision, they order the administration to refrain from fining people wearing yellow hats on the streets until the court's verdict is known. it is a temporary remedy, the prohibitory order
but isn't what you described more an interim prohibitory injunction? Which also would not be possible for this case, because there is no threat of irreversible danger? Isn't the prohibitory order more to prohibit the execution of a decision which you want to have quashed?
Is there anyone who study administrative law could tell me under what circumstances
an oral hearing is required for procedural fairness;
when legal or other representation is required; and
what reasons should be given for a decision and the nature and extent of reasons required regarding administrative decision-making in ANY jurisdiction please? I would be REALLY grateful!
- no one may judge his own case (case law)
- right to be heard ( Anderson case)
- right to consultation (Moseley case)
+ rights in statutory provisions
NOT the right to give reasons
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It is copyrighted by the university, so you actually have you to pay for it. I don't think that you can actually get the texts separately online.. I paid for it but even then you do not get an electronic version, you only get a printed handout. So I can't help you in that regard, I' m sorry!