header-logo header-logo

08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
printer mail-detail

Administrative law

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. 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll