First appellate reversal of “no substantial difference” finding – Administrative Court Blog
‘The Court of Appeal has handed a significant judgment in, from what I can tell, the first appellate decision overturning a first instance finding that the s.31(2A) SCA 1981 “no substantial difference” test was met. The case is R (Hippolyte) v Secretary of State for the Home Department [2025] EWCA Civ 1493. The judgment confirms the central importance of adducing evidence (normally a witness statement) for a public authority to satisfy the no substantial difference test, and the fact that the courts are less likely to find the test met in respect of some legal errors as compared to others.’
Administrative Court Blog, 21st November 2025

