Mistake as a ground for judicial review. The court gave three classifications of a fact at issue: ‘Of course, a mistake of fact can vitiate a decision as where the fact is a condition precedent to an exercise of jurisdiction, or where the fact was the only evidential basis for a decision or where the fact was as to a matter which expressly or impliedly had to be taken into account. Outside those categories we do not accept that a decision can be flawed in this court, which is not an appellate tribunal, upon the ground of a mistake of fact.’
Watkins LJ
Times 03-Jul-1987
England and Wales
Judicial Review
Updated: 16 November 2021; Ref: scu.240306
