Tag: judicial review

Jurisdictional error and the law/fact distinction: Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19

Earlier today, the Supreme Court gave judgment in Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19. It contains an interesting discussion of the distinction between errors of fact and of law, and, I think, provides a further insight (following its decision in R (Cart) v Upper Tribunal [2011] UKSC 28) into the Supreme Court’s

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Does the ultra vires doctrine prevent courts from replacing Wednesbury review with proportionality?

Sir Philip Sales has an interesting piece in the latest edition of the Law Quarterly Review. In “Rationality, Proportionality and the Development of the Law” (2013) 129 LQR 223, Sales responds to the argument—advanced perhaps most robustly by Paul Craig—that the Wednesbury doctrine of unreasonableness should be supplanted by the proportionality test. As such, Sales

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Senior judiciary publishes response to judicial review consultation

The senior judiciary has published its response to the Ministry of Justice’s consultation paper on judicial review. (It is normal practice for the judiciary to publish such responses 30 days after the consultation period ends.) In their paper, the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, Lord Justice

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