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10 marksJudicial Review and Administrative Law

CAPE Law Unit 1 · 2009 · Paper 2 · Question 7(a)(i)

Philip, a fire officer, applies to the Chief Fire Officer for study leave for a Psychology course. The Chief refuses, citing Philip's attitude and attendance record. Philip notes there are no official complaints, his absences were certified medical leave, and others have been granted leave for university studies.

With reference to at least two decided cases, advise on the likely outcome of any action by Philip.

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Other parts of this question

  1. 7(a)(ii)Advise on the nature of the orders sought, if any.[6 marks]
  2. 7(b)Explain whether it would have made any difference to the answer to (a) if the Fire Service Act provided that the decision of the Chief Fire Officer in any…[9 marks]

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