HEFC gave Institute low
rating for research purposes, resulting in reduction in funding.
rating for research purposes, resulting in reduction in funding.
Reasons for assessment not
provided.
provided.
Institute challenged rating
decision on grounds of unfairness.
decision on grounds of unfairness.
Sedley J held, following Doody, there is no general duty to give
reasons for decision but there are classes of cases where there is such a duty:
reasons for decision but there are classes of cases where there is such a duty:
eg Where subject matter is an
interest so highly regarded by the law, eg personal liberty, that fairness
requires reasons be given.
interest so highly regarded by the law, eg personal liberty, that fairness
requires reasons be given.
eg Where decision appears
aberrant.
aberrant.
Here fairness may require
reasons so that applicant may know whether decision challengeable.
reasons so that applicant may know whether decision challengeable.
This class does not include
decisions which are themselves challengeable by reference only to reasons for
them.
decisions which are themselves challengeable by reference only to reasons for
them.
A pure exercise of academic
judgement is such a decision.
judgement is such a decision.
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