The no substantial difference test in the Court of Appeal – Administrative Court Blog
‘The Court of Appeal has today (16 April 2025) handed down two important judgments on the operation of the “no substantial difference test” (“the NSD test”) in judicial review, provided by s.31(2A) of the Senior Courts Act 1981 (“the 1981 Act”). They are R (Greenfields (IOW) Limited) v Isle of Wight Council [2025] EWCA Civ 488 and Bradbury v Brecon Beacons National Park Authority [2025] EWCA Civ 489. Lead judgments in both cases are written by Lewis LJ.’
Administrative Court Blog, 16th April 2025