header-logo header-logo

20 May 2020 / John Gould
Issue: 7887 / Categories: Features , Covid-19 , Constitutional law
printer mail-detail

Decisions, decisions

John Gould holds the government to account on its (COVID-19) decision making

The virus has made us all decision takers; seldom can a decision to buy a bag of flour have involved the calculation of the risk of death.

The concern of public law is not so much what the decision is, but rather how it is made. When the stakes are high, as they are now, the scientific considerations esoteric, and the evidence uncertain, we need it to be obvious that the way government decisions are taken is at least of the minimum standard required by law. Lawful public decision making should be more like skilful chess than snakes and ladders.

A very senior judge once said to me that judging is a serious business, and so it is. In our present circumstances we need good judgement from our decision makers more than ever. Over the last decades the courts have established, through judicial review, the characteristics of a sound decision. The paradigm is of a rational and reasonable person

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll