December 3rd, 2020 by James Goudie KC

In R ( MP ) v SoS for Health and Social Care (2020) EWCA Civ 1634, dismissing an appeal from Lewis J, as he then was, the Court of Appeal observed :-

(1) Proper consultation may sometimes require disclosure of materials which have come to light only since the consultation was launched : para 30;

(2) Whether there is any obligation to re-consult may vary according to whether there is a statutory obligation to consult : paras 31/32;

(3) Where a public body chooses to consult on a set of proposals it has to conduct the consultation in respect of those proposals properly, but it need not necessarily disclose, let alone consult on, other proposals it has in the same field, the focus being on what is required in the context of the particular proposals on which it has chosen to consult : para 35;

(4) Fairness cannot of itself act as a freestanding touchstone for when consultation on a proposal is necessary : para 36.

The Court also addressed legitimate expectation, at para 53.


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