R v Civil Service Appeal Board ex p. Cunningham [1991]

  • 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 [1987] 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) [1983] 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…


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