‘It is a familiar principle of public law, and perhaps more generally the law relating to breach of statutory requirements, that where there has been non-compliance with such requirements in taking a decision, a court will often ask whether Parliament can be taken to have intended total invalidity of that decision. Call this the “Soneji question”, from the eponymous case (at [23]). This principle has been applied in a variety of cases, including the line of case law relating to “collateral challenges” against decisions of public authorities (e.g. Majera), as well as private law disputes (e.g. A1 Properties).’
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Administrative Court Blog, 26th July 2025
Source: administrativecourtblog.wordpress.com