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09 March 2007
Issue: 7263 / Categories: Case law , Law digest , In Court
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ADMINISTRATIVE LAW

R (Raissi) v Secretary of State for the Home Department [2007] EWHC 243 (Admin), [2007] All ER (D) 278 (Feb)

The case concerned the ex gratia scheme for compensating people for periods in custody following wrongful conviction or charge resulting from the serious default of a public authority.

HELD While decisions of a Home Secretary under the scheme are susceptible to judicial review, intervention by the courts should be highly guarded and limited to cases where there is an issue about the reach and meaning of a policy where a minister, in his application and/or interpretation of it, strays outside the reasonable range of meaning, or where there is ambiguity. Legitimate expectation is not an appropriate route to construing the policy.

The courts should attempt to look at ministerial policy through the minister’s eyes as at the time when he has articulated it, by reference to the ordinary and natural meaning of the words, rather than through the eyes of a notional reasonable reader. It follows that the courts should allow latitude to a minister to decide, within a reasonable range of meaning of his statement of policy, to what it applies and what it means.

Issue: 7263 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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