E v Secretary of State for the Home Department

JurisdictionEngland & Wales
Judgethe Master of the Rolls,Lord Justice Carnwath
Judgment Date02 February 2004
Neutral Citation[2004] EWCA Civ 49
Docket NumberCase Nos: C1/2003/1394 AND C1/2003/2203
CourtCourt of Appeal (Civil Division)
Date02 February 2004
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674 cases
  • The King (on the application of) Aquind Ltd v Secretary of State for Business, Energy and Industrial Strategy
    • United Kingdom
    • King's Bench Division (Administrative Court)
    • 24 January 2023
    ...with the Claimant's own work as set out in the Supplementary ES. 70 The Claimant says that this mistake meets the tests in E v SSHD [2004] QB 1044 at [66]. There are four limbs to that test: a. There is a mistake on an existing fact; b. The fact is uncontentious; c. The claimant must not h......
  • BD (application of SK and DK) Croatia
    • United Kingdom
    • Immigration Appeals Tribunal
    • 26 February 2004
    ...on the existence of an unrelated error, say, in adequacy of reasoning by the Adjudicator. 47 The recent decision in E and R v Secretary of State for the Home Department [2004] EWCA Civ 49, confirms this approach in paragraph 19. It is also consistent with the thinking behind the Court of Ap......
  • Patrick George Baker v Police Appeals Tribunal
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 March 2013
    ...now an established ground of judicial review that a decision was based on a material mistake of fact giving rise to unfairness. In E and R v Home Secretary [2004] QB 1044, 1071 at [66], Carnwath LJ (who gave the judgment of the Court of Appeal) identified, "[w]ithout seeking to lay down a ......
  • The Royal Borough of Kensington and Chelsea v The Secretary of State for Communities and Local Government (First Defendant) Charles Noell (Second Defendant)
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 13 July 2017
    ...relating to mistake of fact were considered by Carnwath LJ (as he then was) when giving the judgment of the court in E v. Secretary of State for the Home Department [2004] EWCA Civ 49: "61. As the passage cited by Lord Slynn shows, the editors of the current edition of De Smith (unlike Wad......
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1 firm's commentaries
4 books & journal articles
  • Federal Constitutional Influences on State Judicial Review
    • United Kingdom
    • Sage Federal Law Review No. 39-3, September 2011
    • 1 September 2011
    ...adventurous when considering statutory appeals of administrative decisions. See, eg, E v Secretary of State for the Home Department [2004] QB 1044, 1077 [66] where it held tha t a mistake of law giving rise to unfairness could constitute a ground of appeal on a point of law. This vastly exp......
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...v Varnsdorf Pty Ltd [1998] 3 VR 812 at 824, per Charles JA; CDJ v VAJ (1998) 197 CLR 172; E v Secretary of State for the Home Department [2004] QB 1044 at 1058 [23] (CA); Sim Cheng Soon v BT Engineering Pte Ltd [2006] SGCA 21 at [7]–[8]; Mariwu Industrial Co (S) Pte Ltd v Dextra Asia Co Ltd......
  • Substantive legitimate expectations in Australian administrative law.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 2, August 2008
    • 1 August 2008
    ...Madgwick J, 3 February 2004). (154) Support for this proposition can be taken from E v Secretary of State for the Home Department [2004] QB 1044, 1078, where Carnwath LJ reasoned that 'not all (or even most) Court of Appeal decisions in [refugee law] should be seen as laying down propositio......
  • Around the Black Box: Applying the Carltona Principle to Challenge Machine Learning Algorithms in Public Sector Decision-Making
    • United Kingdom
    • LSE Law Review No. 7-1, November 2021
    • 1 November 2021
    ...Women,’ Reuters (San Francisco , 11 October 2018) accessed 3 October 2021. 20 E v Secretary of State for the Home Department [2004] [2004] EWCA Civ 49. 21 Brent Mittelstadt and others, ‘The ethics of algorithms: Mapping the Debate,’ (2016) 1 Big Data & Society 1, 5. 374 LSE Law Review Vol. ......

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