no substantial difference rule

Question 1

no sub diff rule

Answer 1

Judge should refuse relief if it appears “to be highly likely tht the outcome for the applicant would not have been substantially different” if the unlawful action had not occured and also provided thag a judge should refuse permission to bring judicial review in some circumstances

Question 2

what section of SCA 1981 deals with no sub diff rule

Answer 2

s31 2a- 2c
A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the High Court considers that, having regard to
2a. the nature of the matters in respect of which relief may be granted by [F2mandatory, prohibiting or quashing orders];
2b. the nature of the persons and bodies against whom relief may be granted by such orders; and
2c. all the circumstances of the case,
it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.

Question 3

factors taken into consideration

Answer 3

1. Written evidence
2. How “close the decision” was
   - Gathercole, relief denied because decision to taken was a near inevitability
   - Buckley v BNESC 2018 argument recjected
3. NUMVER OF OPTIONS OPEN TO DECISION MALER
   EG v Parole Board 2020, May J granted relief partly because three different points where def could have interbened to make reasomable adjustments
4. Seriousness of the legal error
   - Lord Carnwath in Champion at [58] said court should take account of seriousmess of the defect invoked and the extent to which it ghas reprived the oublic concerned of the guratees designed to access information and participation