header-logo header-logo

23 April 2010
Issue: 7414 / Categories: Case law , Law digest
printer mail-detail

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.

 

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll