Duty to Give Reasons in UK Law
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Mrs Karen Louise Oakley v South Cambridgeshire District Council Mr Len Satchell (Interested Party)
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English v Emery Reimbold & Strick Ltd
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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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Flannery and Another v Halifax Estate Agencies Ltd, trading as Colleys Professional Services
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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
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R v Secretary of State for Trade and Industry, ex parte Lonrho Plc
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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.
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Dover District Council v CPRE Kent
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R (BAPIO Action Ltd) v Secretary of State for the Home Department
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Sentencing Act 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 ... CHAPTER 5: Duties to explain or give reasons ... 52: Duty to give reasons for and to explain ... ...
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Criminal Justice and Courts Act 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 ... ...
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Legal Aid, Sentencing and Punishment of Offenders Act 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 ... ...
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Coroners and Justice Act 2009
... ... Chapter 1: Investigations into deaths ... Duty to investigate ... 1: Duty to investigate ... (5) A senior coroner must give to the Chief Coroner notice in writing of any ... section in a previous year,as well as the reasons for the length of those investigations and the ... ...
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Reason‐Giving in Administrative Law: Where are We and Why have the Courts not Embraced the ‘General Common Law Duty to Give Reasons’?
This article has two aims. Firstly, it explores a body of modern challenges to administrative reason‐giving, decided in the five‐year period 2014–2018. Three main themes are drawn out: outright fai...
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Constitutional Law and the Limits of Discretion in Family Property Law
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 as ... in appellate judgments; the duty to give reasons that explain the outcome of the case, ... ...
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Reasons To Be Cheerful
... ... 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 ... ...
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Bounded Discretion in EU Law: A Limited Judicial Paradigm in a Changing EU
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 ... ...
- Duty To Give Reasons: Pensions Ombudsman Upholds Complaint
- Tribunals (and Managers?) - The Duty to Give Adequate Reasons
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Challenging a public body’s decision for lack of any or adequate reasons
The Supreme Court quashed a controversial planning recommendation made by Dover District Council, contrary to the recommendation of the Council’s planning officers. While the decision provides help...... ... of planning permission, the Court’s comments on the common law duty to provide reasons have wider significance outside the planning context ... Statutory v common law duty to give reasons ... The court did not actually need to consider the common law ... ...
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A Reasoned Approach
... ... that Dover District Council had failed to give legally adequate reasons for its decision, ... have generated some uncertainty about, the duty to give reasons. Ralph Kellas examines a local ... ...
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Hearing questionnaire 1 - To the patient's representative, the Local Social Services Authority and guardian (if not the LSSA)
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 ... ...
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Apply to become someone's deputy (make a declaration)
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 ... ...
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Hearing questionnaire 1 - To the patient's representative and to the responsible authority
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 ... ...
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Ask a tax judge to determine a dispute (notice of appeal)
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 ... ...