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Lord
Justice Muskill, Greater London Council (1985) identified four ways in
which a decision might be procedurally improper, namely:
- Unfair
behaviour towards persons affected by the decision.
- Failure
to follow a procedure laid down by legislation.
- Failure
properly to marshall the evidence on which the decision should be based. For
example, taking into account an immaterial factor or failing to
take into account a material factor or failing to take reasonable steps
to obtain the relevant information.
- Failure
to approach the decision in the right spirit, for example, where the
decision maker is actuated by bias or where he is content to let the
decision be made by chance.
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