Published on
29 May 2009

Discretion and Subjectivity in Judicial Decision-Making

By: Lord Justice Maurice Kay


Rt. Hon. Maurice Kay has been a Lord Justice of Appeal since 2004. He previously practised as a Q.C. and a High Court Judge
Seminar on Wednesday 29 April 2009

Not all cases admit of only one permissible outcome. In some areas, judges have a discretion to exercise. In others, they have to make an evaluative judgment. The paper will explore the parameters within which these exercises are carried out and the extent to which they are susceptible of  review on appeal.