Criminal Justice and Courts Bill

Baroness Fookes Excerpts

Monday 28th July 2014 Lords Chamber

[Lord Faulks]

An applicant now may fail at the permission stage if the outcome would be inevitable, given the putative departure from lawfulness on the part of the public authority. It is precisely the same calculation that an applicant has to make whether the test is inevitable or highly likely, that the result would be the same. Both are directed at whether there is essentially a technical departure with no real substance. As I said, the only difference is whether the matter is a very low or a slightly higher bar. The position is that all claimants in any form of litigation will have to consider the real merits of their case and decide whether it is worth pursuing.

[The Deputy Chairman of Committees (Baroness Fookes)]

Would the mover of the amendment confirm that he is seeking leave to withdraw it?

[Lord Woolf]

Yes.