Material not available to the decision maker should not normally be admitted on an application for a judicial review of that decision. The court described three categories of acceptable new evidence: (1) evidence to show what material was before the tribunal; (2) where the jurisdiction of the tribunal depended ‘on a question of fact or whether essential procedural requirements were observed’, evidence to establish the ‘jurisdictional fact or procedural error’; (3) evidence to show misconduct (such as bias or fraud) by the tribunal or parties before it.
Dunn LJ
[1981] 1 WLR 584, [1981] 1 All ER 788, (1980) 42 P and CR 73
England and Wales
Cited by:
Cited – Regina (Dwr Cymru Cyfyngedig) v Environment Agency of Wales QBD 28-Feb-2003
On seeking a judicial review of the defendant’s decision, the claimant sought to bring in new evidence which would show that the factual basis on which the decision had been made was incorrect.
Held: Great caution should be exercised before . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Oxfordshire County Council v GB and Others CA 22-Aug-2001
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, . .
Cited – British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 10 December 2021; Ref: scu.181622