The court rejected the applicant’s complaint about the non-disclosure of his tutors’ reports upon his surgical abilities on the footing that he ‘has not demonstrated that the evidence on which the [advisory committee] relied is amenable to any significant challenge or any challenge which would have made any difference to the outcome.’ The undisclosed reports contained essentially expressions of opinion rather than disputed matters of fact; the applicant ‘might have vigorously dissented from them, but could not in any sensible way have corrected them.’ Effective and fair consultation does not require the disclosure of information of a kind that is not ‘amenable to any significant challenge or any challenge that would have made any difference to the outcome’
Judges:
Ognall J
Citations:
[1994] 7 Admin LR 754
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Natural Justice
Updated: 08 July 2022; Ref: scu.211436