The claimant sought to challenge the defendant’s report on the future use of nuclear power, saying that the consultation process had been flawed.
Held: Procedural unfairness may not be so serious as to undermine the decision itself. Sullivan J said: ‘The consultation exercise which is flawed in one or a number of respects is not necessarily so procedurally unfair as to be unlawful. With the benefit of hindsight it would almost invariably be possible to suggest ways in which a consultation exercise might have been improved upon, that is most emphatically not the test. It must also be recognised that the decision maker will usually have a broad discretion as to how a consultation exercise should be carried out. This applies with particular force to a consultation with the whole of the adult population of the United Kingdom. The defendant had a very broad discretion as to how best to carry out such a far reaching consultation exercise. In reality, the conclusion of the consultation exercise was unlawful on the ground of unfairness would be based upon the finding by the court that not merely something went wrong, but that something went clearly and radically wrong.’
Judges:
Sullivan J
Citations:
[2007] EWHC 311 (Admin), [2007] NPC 21, [2007] JPL 1314, [2007] Env LR 29
Links:
Cited by:
Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
Cited – Devon County Council and Another v Secretary of State for Communities and Local Government Admn 21-Jun-2010
The court was asked to consider the decision to merge two health authorities. Ouseley J discussed what need to be made available to support the consultation: ‘What needs to be published about the proposal is very much a matter for the judgment of . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 09 July 2022; Ref: scu.248993