header-logo header-logo

Matters of fact

29 April 2010 / Julia Marlow , Charles Brasted
Issue: 7415 / Categories: Features , Public
printer mail-detail

Charles Brasted & Julia Marlow highlight the significance of a decision being quashed due to mistake of fact

The recent Court of Appeal case of Connolly & Havering LBC v Secretary of State for Communities & Local Government [2009] EWCA Civ 1059 is a rare example of a decision being quashed on the basis of unfairness arising as a result of a mistake of fact, adding to the possibility that this could become an important ground in the future.

Traditional wariness

The court has long been reluctant to allow an application for judicial review on the basis of a mistake of fact, considering factual questions to be the domain of the public body in question. There is, however, some evidence (to which Connolly adds) that, as the court’s scrutiny of administrative decisions has become more intense, some of that reluctance has also begun to diminish.

The difficulty with allowing applications for judicial review on the basis of mistake of fact was usefully summarised in E v Secretary of State for the Home

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll