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23 April 2010
Issue: 7414 / Categories: Case law , Law digest
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Judicial review

R (on the application of March) v Secretary of State for Health, [2010] EWHC 765 (Admin), [2010] All ER (D) 93 (Apr)

A public law decision could be quashed if the published reasons or reasoning of the government revealed a material error of fact in their reasoning process.

But the claimant would have to demonstrate that: (i) there was an error of fact; and (ii) it was material and that a different decision might have been made but for the error. If a minister explained or elaborated upon the published reasons by answers to questions in Parliament, the court might consider what the minister said as part of its examination of the government’s reasoning process for their decision.

But the court would not have to reach conclusion on any inadequacy or lack of accuracy in the proceedings in Parliament. The role of the court was limited to examining the decision under review.

 

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Bell Yard Kysen—Liz Giles

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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