Duty to Give Reasons in UK Law

Leading Cases
  • MD (Turkey) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 01 Nov 2017

    Still less should it provide an opportunity to undertake a qualitative assessment of the reasons to see if they are wanting, perhaps even surprising, on their merits. The purpose of the duty to give reasons is, in part, to enable the losing party to know why she has lost. It is also to enable an appellate court or tribunal to see what the reasons for the decision are so that they can be examined in case some error of approach has been committed.

  • Phipps v General Medical Council
    • Court of Appeal (Civil Division)
    • 12 Abr 2006

    The latter case made clear that the so-called "duty to give reasons", is essentially a duty which rests upon judicial and quasi-judicial tribunals to state their decisions in a form which is sufficient to make clear to the losing party why it is that he has lost. It is not a necessary ingredient of the requisite clarity that the reasons should be expressly stated when they are otherwise plain or obvious.

  • R v Secretary of State for Trade and Industry, ex parte Lonrho Plc
    • House of Lords
    • 18 May 1989

    The absence of reasons for a decision where there is no duty to give them cannot of itself provide any support for the suggested irrationality of the decision. The only significance of the absence of reasons is that if all other known facts and circumstances appear to point overwhelmingly in favour of a different decision, the decision-maker, who has given no reasons, cannot complain if the court draws the inference that he had no rational reason for his decision.

  • Mrs Karen Louise Oakley v South Cambridgeshire District Council Mr Len Satchell (Interested Party)
    • Court of Appeal (Civil Division)
    • 15 Feb 2017

    The significance of that fact is not simply that it will often leave the reasoning obscure. In addition, the fact that the committee is disagreeing with a careful and clear recommendation from a highly experienced officer on a matter of such potential significance to very many people suggests that some explanation is required.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 Jun 1993

    Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.

  • Flannery and Another v Halifax Estate Agencies Ltd, trading as Colleys Professional Services
    • Court of Appeal (Civil Division)
    • 18 Feb 1999

    We make the following general comments on the duty to give reasons:

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Abr 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

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Legislation
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (4B) The recall adjudicator must not give a direction under subsection (4A)(a) or (b) ... 28(7)(c) of the Crime (Sentences) Act 1997 (duty to release certain life prisoners), for "one-half ... that it is appropriate to do so for reasons of exceptional public interest. . . (2C) If the ......
  • Criminal Justice Act 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ...... (11) Where there is any such delay the reasons for the delay must. be recorded when the person ...he must give that person a notice in writing before he is. ... Disclosure . S-32 . Initial duty of disclosure by prosecutor 32 Initial duty of ......
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... . . (a) comply with directions given by the Lord Chancellor about the carrying out of ... of a determination to be informed of the reasons for making or withdrawing the determination, and. ... (1) The Lord Chancellor's duty under section 1(1) does not include a duty to ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... "asylum claim" has the meaning given in section 113(1) of the 2002 Act; . ... proceedings and record its decision and reasons appropriately so as not to undermine the effect ... under paragraph (2), (5)or (7)or the duty imposed by paragraph (9). . Evidence and ......
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Books & Journal Articles
  • Constitutional Law and the Limits of Discretion in Family Property Law
    • Núm. 44-1, Marzo 2016
    • Federal Law Review
    The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspect...
    ...... judges is fettered by three duties: The duty to follow the interpretation of the Act ... in appellate judgments; the duty to give reasons that explain the o utcome of the case, ......
  • Reasons To Be Cheerful
    • Núm. 57-6, Noviembre 1994
    • The Modern Law Review
    ...... of any general obligation upon public authorities to give reasons for their decisions.’ The House, while denying that ... decision on the penal element and the Home Secretary’s duty to give reasons for his finding. The Decision Lord Mustill ......
  • Judicial Committee of the Privy Council
    • Núm. 65-4, Agosto 2001
    • Journal of Criminal Law, The
    ...... the Privy Council Failure of Magistrate to Give Reasons for Decision Cedeno v Logan [2001] I ... to carry out one andllary part of his duty did not necessarily mean that the whole trial, ......
  • Bounded Discretion in EU Law: A Limited Judicial Paradigm in a Changing EU
    • Núm. 80-3, Mayo 2017
    • The Modern Law Review
    Against the background of the reinforcement of the EU executive pursuant to the post‐2008 economic and financial market regulatory reforms, this article deconstructs the prevailing distinction betw...
    ...... concluding, the article explains how the duty of careful and impartial examina- tion and the ty to give reasons could act as guarantees of bounded ......
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Law Firm Commentaries
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