Discarding the fig-leaf of analytical reasoning? The Hutton case and the law/fact distinction

One of the first posts I wrote on this blog concerned the Supreme Court’s decision in Jones  v First-tier Tribunal [2013] UKSC 19. At the heart of the case was the distinction between questions of law and fact, and its implications for judicial oversight of tribunals. The distinction is important because if an issue that has been erroneously determined is one of law, then an error of law has been committed, rendering the tribunal’s decision vulnerable whether on appeal on a point of law or on judicial review. In contrast, a determination flawed by an error of fact is not … Continue reading Discarding the fig-leaf of analytical reasoning? The Hutton case and the law/fact distinction