Duty to Give Reasons in UK Law

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

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

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

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

  • 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 June 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.

  • 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.

  • Dover District Council v CPRE Kent
    • Supreme Court
    • 06 December 2017

    In the case of a decision of the local planning authority that function will normally be performed by the planning officers' report. However the essence of the duty remains the same, as does the issue for the court: that is, in the words of Sir Thomas Bingham MR, whether the information so provided by the authority leaves room for "genuine doubt … as to what (it) has decided and why".

  • R (Richardson) v North Yorkshire County Council
    • Court of Appeal (Civil Division)
    • 19 December 2003

    Mr McCracken submits that an irresistible inference arises from the requirement to give reasons following an EIA decision that at the time the decision is taken those reasons must be openly discussed and formulated in public. Whenever there is a legislative requirement for reasons, he argues, there are necessarily twin objects to be served. One is to enable those aggrieved by the decision to challenge it if its reasoning can be seen to be deficient.

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Legislation
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... which makes a deferment order must forthwith give a copy of the order—(a) to the offender,(b) if ... if the committing court has a power or duty to order the offender to be disqualified under ... 2020/1236, reg. 2 ... 52: Duty to give reasons for and to explain effect of sentence ... (1) A ... ...
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (5) insert—“(5A) The Board must not give a direction unless satisfied that it is no longer ... amounts to a gross breach of a relevant duty of care owed by the care provider to the ... that it is appropriate to do so for reasons of exceptional public interest.(2C) If the court ... ...
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • January 01, 2012
    ... ... (4) But the Lord Chancellor—(a) must not give a direction or guidance about the carrying out of ... of a determination to be informed of the reasons for making or withdrawing the determination, ... (1) The Lord Chancellor's duty under section 1(1) does not include a duty to ... ...
  • Motor Vehicles (EC Type Approval) Regulations 1992
    • UK Non-devolved
    • January 01, 1992
    ... ... made under this regulation he shall give notice of the refusal to the applicant ... (5) ... S-6 ... Duty to co-operate with the Secretary of State Duty to ... S-12 ... Duty to give reasons etc Duty to give reasons etc ... 12. —(1) A ... ...
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Books & Journal Articles
  • Constitutional Law and the Limits of Discretion in Family Property Law
    • No. 44-1, March 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
    • No. 57-6, November 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
    • No. 65-4, August 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
    • No. 80-3, May 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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Forms
  • Hearing questionnaire 1 - To the patient's representative, the Local Social Services Authority and guardian (if not the LSSA)
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... Parties are reminded that they have a legal duty to cooperate with the tribunal. If they fail to ... Available dates (please give at least 3 full days or 6 half days within the ... are definitely not available, including reasons: ... Do you consider that this case would ... ...
  • Apply to become someone's deputy (make a declaration)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... If you are not in paid employment, please give details of your current circumstances or previous ... undertaking to act in accordance with the duty or responsibility. You can use the ‘Comments’ ... ‘Comments’ section to explain your reasons ... It may be because you do not yet have ... ...
  • Hearing questionnaire 1 - To the patient's representative and to the responsible authority
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... Parties are reminded that they have a legal duty to cooperate with the tribunal and if they fail ... Available dates (please give at least 3 full days or 6 half days within the ... are definitely not available, including reasons: ... If the available dates have also been ... ...
  • Ask a tax judge to determine a dispute (notice of appeal)
    • HM Courts & Tribunals Service court and tribunal forms
    First-tier Tribunal (Tax) forms including the application to close an enquiry.
    ... ... Value Added Tax (VAT) ... Excise Duty ... Penalties related to indirect tax ... Customs ... However, you may be ... excused for reasons of ... financial hardship ... You do not have to ... to defer, fill in question ... 14 (or give reasons in a ... document). The judge will ... ...
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