header-logo header-logo

14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law digest
printer mail-detail

Natural justice

R (on the application of Hindawi) v Secretary of State for Justice [2011] EWHC 830 (Admin), [2011] All ER (D) 08 (Apr)

In a case where there had been an oral hearing by the parole board, a very good reason was needed to depart from the findings of fact that had been made by the panel that had seen the witnesses. The secretary of state, when making a decision on parole, also had to distinguish between the findings of fact made by the panel and the assessment of risk. The findings of fact were the basis on which the secretary of state was entitled to reach his own view to determine risk, according appropriate respect to the views of the board on its assessment of risk.

Established principles that required appellate courts not to overturn findings of fact or on credibility without there being a good reason also applied to the secretary of state where he was the primary decision maker and where he had not seen the witnesses. Whether there were good reasons depended on

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

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
back-to-top-scroll