In AI Properties ( Sunderland ) Ltd v Tudor Studios ( 2024 ) UKSC 27, concerned with the consequence of failure to comply with a statutory requirement to serve a notice, the Supreme Court says that, where there is no express statement of the consequences of non-compliance, the correct approach is to consider the whole of the structure within which the requirement arises, and ask what consequences of non-compliance best fits the structure as a whole. In each case, the focus is on (1) the purpose served served by the requirement, as assessed in the light of a detailed analysis of the particular statute, and (2) the specific facts of the case, having regard to whether any and what prejudice might be caused or whether any injustice might arise if the validity of the statutory process is affirmed notwithstanding the breach of the procedural requirements.

This entry was posted on Friday, August 16th, 2024 at 3:56 pm and is filed under Local Authority Powers. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.