SQE Daily.

Refusing JR relief where the outcome would not be substantially different (SCA 1981 s.31(2A))

Ashbury District Council decided to close a public library in England. Ines Carvalho, a regular user, brought a claim for judicial review, arguing that the council failed to carry out the consultation its own published policy required. At the substantive hearing the High Court accepts that the failure to consult was unlawful. However, on the evidence it concludes that it is highly likely that the outcome for Ines would not have been substantially different if the council had consulted properly. No reasons of exceptional public interest arise.

Which of the following best describes the court's position on relief?

Choose one answer to see the reasoning.

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