header-logo header-logo

Matters of fact

29 April 2010 / Julia Marlow , Charles Brasted
Issue: 7415 / Categories: Features , Public
printer mail-detail

Charles Brasted & Julia Marlow highlight the significance of a decision being quashed due to mistake of fact

The recent Court of Appeal case of Connolly & Havering LBC v Secretary of State for Communities & Local Government [2009] EWCA Civ 1059 is a rare example of a decision being quashed on the basis of unfairness arising as a result of a mistake of fact, adding to the possibility that this could become an important ground in the future.

Traditional wariness

The court has long been reluctant to allow an application for judicial review on the basis of a mistake of fact, considering factual questions to be the domain of the public body in question. There is, however, some evidence (to which Connolly adds) that, as the court’s scrutiny of administrative decisions has become more intense, some of that reluctance has also begun to diminish.

The difficulty with allowing applications for judicial review on the basis of mistake of fact was usefully summarised in E v Secretary of State for the Home Department [2004] EWCA Civ 49. In that case, the court

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

Partner appointment in firm’s equity capital markets team

NEWS

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

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

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll