header-logo header-logo

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

Matters of fact

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll