On a complaint in public law, if a party wishes to raise allegations of victimisation in the nature of malice, ill will, or undisclosed ulterior motive, in the course of proceedings, these matters had to be raised clearly and explicitly. It was inappropriate to raise such issues clearly only on appeal. Here the judge could not be criticised for taking the evidence as it was presented to him. Evidence as to victimisation introduced only at that later stage would not be admitted.
Citations:
Times 28-Jun-2001
Jurisdiction:
England and Wales
Litigation Practice, Administrative, Judicial Review
Updated: 08 May 2022; Ref: scu.88605