Having considered the government’s proposed rule changes, we summarise some recent cases of particular relevance to environmental challenges
Time limits and discretion
Reasons
“The reasons for a decision must be intelligible and they must be adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the ‘principal important controversial issues’, disclosing how any issue of law or fact was resolved. Reasons can be briefly stated, the degree of particularity required depending entirely on the nature of the issues falling for decision ... The reasons need refer only to the main issues in dispute, not to every material consideration” [4].[1] S3(6) Senior Courts Act 1981.[2] Walton v Scottish Ministers [2012] UKSC 44; R (Champion) v North Norfolk District Council [2015] 1 WLR 3710.[3] Walton v Scottish Ministers paragraphs 139 & 155; R (Champion) v North Norfolk District Council paragraph 54.[4] As per South Bucks v Porter (No 2) [2004] 1 WLR 1953.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.