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12 March 2010
Issue: 7408 / Categories: Case law , Law digest
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Judicial review

R (on the application of McVey and others) v Secretary of State for Health [2010] EWHC 437 (Admin), 2010] All ER (D) 46 (Mar)

The correct approach to disputed evidence in judicial review proceedings was that:

(i) the basic rule was that where there was a dispute on evidence in a judicial review application, then in the absence of cross-examination, the facts in the defendants’ evidence had to be assumed to be correct;

(ii) an exception to that rule arose where the documents showed that the defendant’s evidence could not be correct; and that

(iii) the proper course for a claimant who wished to challenge the correctness of an important aspect of the defendant’s evidence relating to a factual matter on which the judge would have to make a critical factual finding was to apply to cross-examine the maker of the witness statement on which the defendant relied.
 

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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