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14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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