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PROCEDURAL UNFAIRNESS

July 23rd, 2025 by James Goudie KC

In R ( Moakes ) v Canterbury City Council (2025) EWCA Civ 927 it is held that the breach of a procedural rule, even if expressed in mandatory terms, does not necessarily render the resulting decision unlawful. To establish procedural unfairness a claimant has to establish that they had suffered material prejudice.

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