Doody
R v Secretary of State for the Home Department, ex p Doody [1994] 1 AC 531
Parties and outcome
- Claimant
- Doody, Pegg, Pierson and Smart, four mandatory life prisoners (respondents and cross-appellants)
- Defendant
- Secretary of State for the Home Department (appellant)
- Outcome
- The prisoners succeeded in part: the Secretary of State’s appeal was dismissed and their cross-appeals were allowed in part, with declarations concerning representations and reasons.
Cited by
- Miller
39.What fairness requires in a particular situation depends upon the context. As Lord Mustill held in R v Home Secretary ex p Doody [1994] 1 AC 531 at 560: "The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects. An essential factor of the context is the statute which creates the discretion, as regards both its language and the shape of the legal and administrative system within which the decision is taken."