Westminster City Council, ex parte Ermakov [1995] 28 HLR 819 (CA)

Decision -making – retrospective reasons – judicial review

Where a local authority had given wrong or inaccurate reasons in a decision letter, the authority’s findings could not subsequently be corrected in court by way of an affidavit supplying completely different reasons. Although the court could admit evidence to elucidate or correct or add to the reasons, it should be very cautions about doing so. The function of such evidence should generally be elucidation, not fundamental alteration, confirmation nor contradiction.

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