header-logo header-logo

Judicial review

23 April 2010
Issue: 7414 / Categories: Case law , Law digest
printer mail-detail

R (on the application of March) v Secretary of State for Health, [2010] EWHC 765 (Admin), [2010] All ER (D) 93 (Apr)

A public law decision could be quashed if the published reasons or reasoning of the government revealed a material error of fact in their reasoning process.

But the claimant would have to demonstrate that: (i) there was an error of fact; and (ii) it was material and that a different decision might have been made but for the error. If a minister explained or elaborated upon the published reasons by answers to questions in Parliament, the court might consider what the minister said as part of its examination of the government’s reasoning process for their decision.

But the court would not have to reach conclusion on any inadequacy or lack of accuracy in the proceedings in Parliament. The role of the court was limited to examining the decision under review.

 

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll