Judicial Discretion in UK Law

Leading Cases
  • Scherer v Counting Instruments Ltd (Note)
    • Court of Appeal (Civil Division)
    • 28 July 1977

    That party who turns out to have unjustifiably either brought another party before the court, or given another party cause to have recourse to the court to obtain his rights is required to recompense that other party in costs; but (2) the judge has under Section 50 of the Judicature Act an unlimited discretion to make what order as to costs he considers that the justice of the case requires.

  • Evans v Bartlam
    • House of Lords
    • 30 April 1937

    But the Court is not entitled simply to say that if the Judge had jurisdiction and had all the facts before him, the Court of Appeal cannot review his order, unless he is shown to have applied a wrong principle. The Court must if necessary examine anew the relevant facts and circumstances in order to exercise a discretion by way of review which may reverse or vary the order.

  • Wandsworth London Borough Council v Winder
    • House of Lords
    • 29 November 1984

    He is merely seeking to defend proceedings brought against him by the appellants. In so doing he is seeking only to exercise the ordinary right of any individual to defend an action against him on the ground that he is not liable for the whole sum claimed by the plaintiff. Moreover he puts forward his defence as a matter of right, whereas in an application for judicial review, success would require an exercise of the court's discretion in his favour.

  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 April 1981

    If, on a quick perusal of the material then available, the court thinks that it discloses what might on further consideration turn out to be an arguable case in favour of granting to the applicant the relief claimed, it ought, in the exercise of a judicial discretion, to give him leave to apply for that relief.

  • Osenton (Charles) & Company v Johnston
    • House of Lords
    • 09 May 1941

    In other words, appellate authorities ought not to reverse the Order merely because they would themselves have exercised the original discretion, had it attached to them, in a different way. But if the appellate tribunal reaches the clear conclusion that there has been a wrongful exercise of discretion in that no weight, or no sufficient weight, has been given to relevant considerations such as those urged before us by the Appellant, then the reversal of the Order on appeal may be justified.

  • G v G (Minors: Custody Appeal)
    • House of Lords
    • 25 April 1985

    All these various expressions were used in order to emphasise the point that the appellate court should only interfere when they consider that the judge of first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the Court of Appeal might or would have adopted, but has exceeded the generous ambit within which a reasonable disagreement is possible.

  • Piglowski v Piglowski
    • House of Lords
    • 24 June 1999

    These reasons should be read on the assumption that, unless he has demonstrated the contrary, the judge knew how he should perform his functions and which matters he should take into account. An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the judge by a narrow textual analysis which enables them to claim that he misdirected himself.

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Legislation
  • Judicial Committee Act 1833
    • UK Non-devolved
    • January 01, 1833
    ...... XI. And be it enacted, That it shall be in the Discretion of the said Judicial Committee to direct that, on the Trial of any such Issue, the Depositions already taken of any Witness who shall have died, or ......
  • Coroners and Justice Act 2009
    • UK Non-devolved
    • January 01, 2009
    ......4 heading substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(2), 51(3) # F140 S. 4(1)(a)(aa) ... involve making judicial decisions or exercising any judicial discretion;(g) provision with respect to the disclosure of information;(h) provision ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ......; to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight ..., or(b) to the extent that the notice involved an exercise of discretion by the Commissioner, that the Commissioner ought to have exercised the ......
  • Courts Act 2003
    • UK Non-devolved
    • January 01, 2003
    ...... of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion. . (6) The Lord Chancellor ......
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Books & Journal Articles
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Law Firm Commentaries
  • Enactment of HMRC’s Extra-Statutory Concession C16
    • JD Supra United Kingdom
    HM Revenue & Customs (HMRC) has limited discretion to make concessions in relation to statutory tax provisions.  Following a recent judicial decision suggesting that this discretion wa...
    ...... C16 February 13, 2012 HM Revenue & Customs (HMRC) has limited discretion to make concessions in relation to statutory tax provisions. Following a ecent judicial decision suggesting that this discretion was more limited than had been ......
  • Arkin v. Marshall – lawful PD51Z here to stay (until 25 June at least)
    • JD Supra United Kingdom
    As we previously reported, CPR PD51Z brought in an automatic stay to possession proceedings brought in England and Wales under CPR Part 55, save for a few exceptions. On 11 May, in the case of Arki...
    ......Finally, whilst there is technical judicial discretion to lift the stay, Sir Geoffrey Vos effectively slammed that ......
  • Past Its Shelfer Life
    • Mondaq United Kingdom
    ...... damages in lieu of injunction involves a classic exercise of discretion, which should not, as a matter of principle, be fettered, particularly in ... are awarded instead of injunction will now be more a matter of judicial discretion rather than a strict application of Shelfer. Shelfer principles ......
  • Climate change litigation in the UK – risks for corporates in the new era of disclosure and transparency
    • LexBlog United Kingdom
    Recently, climate-related disputes in the UK focused on challenges to government decision-making and policy through the judicial review mechanism. However, the English courts have, to date, made it...
    ...... challenges to government decision-making and policy through the judicial review mechanism. However, the English courts have, to date, made it clear ..., continuing instead to reaffirm that Parliament has a wide discretion to exercise its powers (see, for example, Client Earth v. BEIS, Plan B ......
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