The duty to give reasons and the new statutory “makes no difference” principle

I wrote in December about what might loosely be termed the “makes no difference” principle introduced by section 84 of the Criminal Justice and Courts Act 2015, which  inserts new provisions into section 31 of the Senior Courts Act 1981. The effect is that in judicial review proceedings the High Court must refuse relief if it appears “to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred”, unless the granting of relief is appropriate “for reasons of exceptional public interest”. (Equivalent provision is also made about the … Continue reading The duty to give reasons and the new statutory “makes no difference” principle