Administrative lawLesson 1 of 4 in the course Judicial review of administrative action

Wednesbury Unreasonableness: Licensing Facts, Review Grounds, and Later Developments

5 flashcards · 5 quiz questions · 5 match pairs · 4 fill-in sentences · English

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Summary

This lesson introduces Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, the facts behind the dispute, and the three grounds associated with the Wednesbury test. Understanding the case helps explain when a court may review a decision made by a public authority.

Under the Cinematograph Act 1909, cinemas could open from Monday to Saturday but not on Sundays. The Sunday Entertainments Act 1932 later allowed local licensing authorities to permit Sunday opening, subject to conditions they considered appropriate and following a majority vote by the borough.

All flashcards

What was the central dispute in Associated Provincial Picture Houses Ltd v Wednesbury Corporation?
A cinema company challenged a Sunday-licence condition excluding children under 15, whether accompanied by an adult or not.
What did the Sunday Entertainments Act 1932 permit?
It allowed local licensing authorities to permit Sunday cinema opening, subject to appropriate conditions and a majority vote by the borough.
What are the three grounds associated with the Wednesbury test?
Taking irrelevant considerations into account, failing to consider relevant matters, or reaching an outcome no reasonable authority could have reached.
Could a court quash an administrative decision merely because it disagreed with it?
No. Disagreement alone was insufficient; the court needed a recognized legal defect warranting intervention.
What is Wednesbury unreasonableness?
The demanding ground that a decision is so unreasonable that no reasonable authority could have made it.

Quiz questions

  1. A Sunday cinema licence barred children under 15, even when accompanied by an adult. What condition did the licence impose?Answer: No children under 15 could attend Sunday screenings.
  2. Which statute gave local authorities power to permit Sunday cinema opening subject to conditions?Answer: The Sunday Entertainments Act 1932.
  3. A cinema operator argued that a licensing condition was unacceptable and beyond the authority's powers. What remedy did it seek?Answer: A declaration that the condition was unacceptable and beyond the authority's powers.
  4. Which Wednesbury ground applies when an authority gives weight to a factor that is not relevant to its decision?Answer: Taking irrelevant considerations into account.
  5. A public authority overlooks a matter it was required to consider. Which Wednesbury ground does this illustrate?Answer: Failure to consider a relevant matter.

Based on the Wikipedia article Associated Provincial Picture Houses Ltd v Wednesbury Corporation, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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