When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers

Posted September 28th, 2015 in appeals, competition, health, hospitals, inquiries, news, regulations, tribunals by sally

‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’

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Competition Bulletin from Blackstone Chambers, 25th September 2015

Source: www.competitionbulletin.com