Judicial review
‘Once upon a time the question was posed in terms of an asserted dichotomy between provisions compliance with which is mandatory and provisions that are merely directory. That is no longer treated as being the true or indeed a particularly helpful distinction: see London and Clydesdale Estates Ltd v Aberdeen District Council [1980] 1 WLR 182 at pages 188-190 per Lord Hailsham of St Marylebone LC. The task for the court, as Lord Hailsham explained, is to decide in the particular case what the legal consequence of non-compliance is, viewed in the light of a concrete state of facts and a continuing chain of events.’Per Munby J in Rutter, R (on the application of) v The General Teaching Council for England [2008] EWHC 133 (Admin).
Categories: Chapter 15, Updates