- Created by: channyx
- Created on: 20-03-20 20:08
The Board appealed against the grant of judicial review of its decision to award C GBP 6,500 compensation following 23 years service as a prison officer and the failure of the Board to give reasons for that decision, (Times, June 13, 1990). The Board objected to giving reasons claiming:
(1) It would have an adverse effect on the informality of the proceedings; and
(2) It would encourage applicants to rely on a body of precedent.
Held: Appeal dismissed. The issue was whether natural justice required the Board to give reasons for its decision, Lloyd v McMahon  1 A.C. 625 applied in so far as the court could impose a common law duty to provide reasons. As the Board's character was one of an independent public law body with a judicial function (from which there was no right of appeal) fairness required it to give outline reasons to show how it was directing its mind, R. v Immigration Appeal Tribunal Ex p. Khan (Mahmud)  applied, (McCowan, L.J. dissenting).
The Board's objections to giving reasons were unconvincing as an industrial tribunal did not lack formality because of its duty to give reasons and to be consistent with each…