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13 January 2011
Issue: 7448 / Categories: Case law , Law digest
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Human rights

Osborn v Parole Board, Booth v Parole Board [2010] EWCA Civ 1409, [2010] All ER (D) 185 (Dec)

(1) An oral hearing was not always necessary where an assessment of dangerousness was being undertaken by the parole board on the basis of personality and maturity. It depended on the circumstances, including the information already available from previous assessments. The board was not prohibited from taking into account its own judgment on the basis of the material available to it and to consider whether there was a realistic prospect of that being affected by an oral hearing. The emphasis was on the utility of the oral procedure in assisting in the resolution of the issues before the decision-maker. There was no suggestion that an oral hearing was necessary even where the decision-maker was able fairly to conclude, having regard to the material before it and the issues in play, that an oral hearing could realistically make no difference to its decision.

(2) It was desirable that tribunals should record in brief form what it was in the materials that led them to their procedural decision. The well-known judicial controls on fact-finding

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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