R v (Hasan) v Trade and Industry Secretary [2008] EWCA Civ 1312

Court: Court of Appeal

Facts: The case concerned a challenge by the claimant, Hasan, regarding the government's decision to grant export licenses. Hasan and others sought an explanation for the government's actions, arguing that the reasons for granting the licenses were necessary for accountability and transparency.

Issue: Did the government have a legal duty to provide reasons for its decision to grant export licenses?

Held: The Court of Appeal held that public authorities do not have a general legal duty to give reasons for their decisions. The court emphasized that the matter at hand pertained to foreign policy and was inherently political. It concluded that requiring the government to provide reasons after the event, when the export in question could not be halted, did not empower the claimant or others to effectively challenge the decision made.

Key Judicial Statements: The court noted that an obligation to give reasons for a decision in the context of foreign policy does not enable meaningful scrutiny or challenge of that decision, especially once the action has already been taken.

💡LevelupLaw: the principle of procedural fairness in administrative law, indicating that while transparency is important, public authorities may not always be legally required to provide reasons for their decisions, particularly in political matters. It highlights the balance between accountability and the nature of governmental functions.