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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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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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