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Administrative law

08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
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R (on the application of Lanner Parish Council) v Cornwall Council [2013] EWCA Civ 1290, [2013] All ER (D) 318 (Oct)

It was an established principle that, save in exceptional circumstances, a public authority should not be permitted to adduce evidence which directly contradicted its own official records of what it had decided and how its decisions had been reached. The court could and, in appropriate cases, should admit evidence to elucidate or, exceptionally, correct or add to the reasons; but should consistently be very cautious about doing so. There would be no warrant for receiving and relying on as validating the decision evidence which indicated that the real reasons had been wholly different from the stated reasons. 

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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