Nicholas Dobson inspects a rare case of cross-examination in judicial review
The exception is often said to prove the rule. For as they invariably say down the pub: “exceptio probat regulam in casibus non exceptis”. And while Cicero (that ancient Roman sage) literally meant “the exception confirms the rule in cases not excepted”, the last bit is usually now left out. The meaning is nevertheless fairly clear: the existence of an exception indicates the presence of a general rule.
Talking of general rules, cross examination is rarely permitted in judicial review. However, in Jedwell v Denbighshire County Council and others [2015] EWCA Civ 1232, [2015] All ER (D) 45 (Dec) the Court of Appeal found on 2 December 2015 that in the circumstances cross-examination should have been allowed in the interests of justice.
The case concerned conditional planning permission issued by the council for the erection of two 46-metre high wind turbines with control box and access track at a farm in the council’s area. Before the permission was granted, a council planning officer (Denise Shaw) adopted a screening opinion stating that no
