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

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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