September 5th, 2022 by James Goudie KC

In R (Challis) v SoS for Health and Social Care (2022) EWHC 2269 (Admin) Steyn J at para 73 addresses the legal principles in circumstances where the sole ground of judicial review is irrationality. It is for the Court to determine whether, viewed objectively, the decision is outside the range of reasonable decisions open to the decision-maker. Unequal treatment is not a distinct ground of review. In assessing an allegation of unequal treatment the question is whether irrational distinctions have been drawn between different groups. Consistency is a generally desirable objective. It is not an absolute rule.

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