H, R (on the application of) v West Sussex County Council & Anor

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MS DEBORAH HAY (instructed by Messrs Langley Wellington) appeared on behalf of the CLAIMANT MR PAUL GREATOREX (instructed by West Sussex County Council Legal Department) appeared on behalf of the DEFENDANT ____________________

Judge LJ then referred to an authority of R (Tottman) v Hertfordshire County Council [2003] EWHC 1725 (Admin) ; [2003] ELR 763, a decision of Moses J. It appears from what Judge LJ went on to say, that there was at any rate an application to the Court of Appeal for permission to appeal in that case, if not a substantive appeal, although neither counsel here today are aware of any report of any consideration of Tottman within the Court of Appeal. Summarising the outcome of that case Judge LJ said:

I have those passages and those authorities very firmly in mind throughout my consideration of this case.

It seems to me important in my overall consideration of this case to bear in mind that what is required by the regulation is a statement of reasons in summary form, and not necessarily a very lengthy and exhaustive analysis of every aspect of the evidence in a case and every point which has been made. It is clear that there has been a body of authorities from the courts as to what is required within the reasons. My attention had been drawn to the judgment of Beatson J in R(L) v Waltham Forest and another [2003] EWHC 2907 (Admin) ; [2004] ELR 161 . At paragraph 13, he said: