References: [1972] 1 All ER 280
Coram: Donaldson J
Ratio: The Secretary of State proposed to introduce new regulations for the training of agricultural workers. It sent a notice inviting representations from a body representing the mushroom growing industry, but the letter was not received. The regulation was made, and the respondent now argued that it was not bound by the regulations because the industry had not been consulted as required.
Held: Consultation requires more than the mere giving of notice, or as in this case the sending of a letter: ‘the essence of consultation is the communication of a genuine invitation, extended with a receptive mind, to give advice’. Having decided that the industry representative should be consulted, the Secretary could not go ahead without doing so. The regulations were not binding on the defendant.
Jurisdiction: England and Wales
Last Update: 17 March 2019
Ref: 188776