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Judicial review

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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