- Cited — Hexpress Healthcare Limited, R (on the application of) v The Care Quality Commission 2023-03-06
“… dependent on the context of the decision, and this is to be taken into account in all its aspects.” Lord Reed made a similar point in R(Osborn) v Parole Board [2013] UKSC 61; [2014] AC 1115 at paragraph 80 when he said “what fairness requires … depends on the circumstances. As these can vary greatly from one case to another, it is …”
- Cited — N (A CHILD) (INSTRUCTION OF EXPERT) 2022-12-06
“… starting point for the protection of human rights was the domestic law rather than the Human Rights Act 1998. As Lord Reed stated in R (Osborn) v Parole Board [2013] UKSC 61 at [57],…”
- Cited — Re: A (A Child) 2022-09-09
“…s under the common law or statute, or create a discrete body of law based on the judgments of the European Court of Human Rights: see R (Osborn) v Parole Board [2013] UKSC 61; [2014] AC 1115, at paragraphs 54-63, in particular paragraph 57, where Lord Reed said: “Human rights continue to be protected by our domestic law, interpreted…”
- Cited — Article 39, R (On the Application Of) v Secretary of State for Education (Rev 1) 2020-11-24
“…t susceptible of much generalised enlargement. But its requirements in this context must be linked to the purposes of consultation. In R (Osborn) v Parole Board[2013] UKSC 61, this court addressed the common law duty of procedural fairness in the determination of a person's legal rights. Nevertheless the first two of the purposes of…”
- Cited — Begum v Special Immigration Appeals Commission & Ors 2020-07-16
“…ply with those principles and clear words were required to set that presumption aside. He relied upon the principles derived from R (Osborn) v The Parole Board [2013] UKSC 61; [2014] AC 1115 stated by Singh LJ in R (Citizens UK) v Secretary of State for the Home Department [2018] EWCA Civ 1812 at [82][83].…”
- Cited — TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department 2019-05-03
“… concerned. Fair process also requires that there should be no appearance of any such reluctance: Mr Knafler relies in this regard on R (Osborn) v Parole Board [2013] UKSC 61, [2014] AC 1115, especially at [65] and [90]. It does not look fair for a relatively junior official, who is…”
- Cited — Balajigari v The Secretary of State for the Home Department 2019-04-16
“… LJ set out the underlying rationales for why fairness is important at para. 82, by reference to the decision of the Supreme Court in R (Osborn) v Parole Board [2013] UKSC 61, [2014] AC 1115, in particular at paras. 67-68.…”
- Considered — Help Refugees Ltd, R (on the application of) v The Secretary of State for Home Department & Anor 2018-10-03
“…estion, the court’s function is “not merely to review the reasonableness of the decision-maker’s judgment of what fairness required” (R (Osborn) v Parole Board [2013] UKSC 61; [2014] AC 1115 at [65] per Lord Reed JSC), but to consider objectively whether there has been procedural unfairness.…”
- Followed — Pathan & Anor v Secretary of State for the Home Department 2018-10-02
“…m LJJ agreed with my judgment: see paras. 178 and 185. In the course of my summary I referred to the decision of the Supreme Court in R (Osborn) v Parole Board [2013] UKSC 61; [2014] AC 1115 and summarised what it held in the following way at para. 81 of my judgment:…”
- Cited — Citizens UK, R (On the Application Of) v Secretary of State for the Home Department 2018-07-31
“…The decision of the Supreme Court in R (Osborn) v Parole Board [2013] UKSC 61; [2014] AC 1115 is important in this context for three reasons.…”
- Considered — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…s of procedural fairness, in particular the decisions in R v Secretary of State for the Home Department, ex p Doody [1994] 1 A.C. 531 and Osborn v Parole Board [2013] UKSC 61, [2014] AC 1115 which I consider at [178] – [179] below.…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…More recently, in Osborn v The Parole Board [2013] UKSC 61, [2014] AC1115Lord Reed has provided a valuable reformulation of other aspects of procedural fairness. At [65] he stated that the role of the court in cases of…”