Collins J said: ‘So far as injustice is concerned, it is clearly not enough that the Applicant feels that she has been unfairly treated and so has suffered an injustice. The law permits the Commissioner to find maladministration without injustice. Therefore, it is a trite observation to say that it must follow that the mere finding of maladministration cannot mean that there must be injustice as well. It . . must be established that there is some prejudice to the Applicant before a finding of injustice can properly be made. That prejudice may be no more than the loss of an opportunity . . and certainly it is not required that any particular damage be established. Indeed it is quite plain that the word ‘injustice’ was used with a view to indicating something wider than is covered by the concept of damage and also perhaps to avoid the need to delve into questions of causation which might otherwise arise in certain cases.’
Judges:
Collins J
Citations:
[1998] EWHC Admin 1062, CO/2088/97
Links:
Cited by:
Appeal from – Regina v Commissioner for Local Administration ex parte S CA 15-Mar-1999
. .
Cited – Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury Admn 15-Oct-2009
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation.
Held: The respondent’s rejection of the . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 27 May 2022; Ref: scu.139183