Tag: duty to give reasons

Oakley v South Cambridgeshire District Council: The maturing of the common law duty to give reasons

In Oakley v South Cambridgeshire District Council [2017] EWCA Civ 71, a Court of Appeal with strong public law credentials — consisting of Elias, Patten and Sales LJJ — addressed the scope of the common law duty to give reasons. In this area, the orthodox position has long been understood to consist in the principle

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The duty to give reasons and the new statutory “makes no difference” principle

I wrote in December about what might loosely be termed the “makes no difference” principle introduced by section 84 of the Criminal Justice and Courts Act 2015, which  inserts new provisions into section 31 of the Senior Courts Act 1981. The effect is that in judicial review proceedings the High Court must refuse relief if it

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