In exercising its discretion whether to refuse relief to an otherwise successful applicant for judicial review, a court will always be slow to conclude that no harm has been done as a result of procedural impropriety.
Well, slowly or otherwise, relief was in fact refused, paperwork mess-ups notwithstanding, in R v Tandridge District Council, ex parte Al Fayed [2000] 1 PLR 58. The implications are usefully explored by Martin Edwards and John Martin in
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In exercising its discretion whether to refuse relief to an otherwise successful applicant for judicial review, a court will always be slow to conclude that no harm has been done as a result of procedural impropriety.
Well, slowly or otherwise, relief was in fact refused, paperwork mess-ups notwithstanding, in R v Tandridge District Council, ex parte Al Fayed [2000] 1 PLR 58. The implications are usefully explored by Martin Edwards and John Martin in No real harm done Estates Gazette 4 March 2000, p177.
