Regina v Universities Funding Council ex parte Institute of Dental Surgery: QBD 30 Jul 1993

When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been reached; or alternatively alert the recipient to a justiciable flaw in the process.’
A body not giving reasons for its decision was not acting inherently unfairly, and particularly not where the decision was a collective one. It could be artificial to try to set out reasons made by a body of people.

Sedley J
Independent 28-Sep-1993, [1993] EWHC Admin 5, [1994] 1 WLR 241
England and Wales
CitedRegina v Civil Service Appeal Board, Ex parte Cunningham CA 1991
The court considered the effect of a disciplinary board failing to give reasons. The absence of any right to appeal may be a factor in deciding that reasons should be given. If it is ‘important that there should be an effective means of detecting . .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedLloyd v McMahon CA 1986
Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or . .

Cited by:
CitedRegina (Asha Foundation) v Millenium Commission CA 16-Jan-2003
The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision.
Held: The applicant requested what it called meaningful reasons. The importance of . .
CitedRegina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
CitedDover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .

Lists of cited by and citing cases may be incomplete.

Education, Administrative

Leading Case

Updated: 01 November 2021; Ref: scu.88216