When does anxious scrutiny apply? Divergent views on the High Court – Administrative Court Blog
‘The rationality (or Wednesbury) test in judicial review operates notoriously as a “sliding scale”, depending on the particular facts in which it is raised. In what is now the leading case on the application of rationality review, Chamberlain J in KP v Foreign Secretary and Home Secretary [2025] EWHC 370 (Admin) (21 February 2025) (covered by this blog here) articulated the view that whether the heightened standard of review applies depends on the “gravity of [the] potential consequences” of a challenged decision”; importantly, in many situations where anxious scrutiny applies, “the claimant will have no prior right, whether under statute or at common law, to the benefit which the decision denies him” ([76]).’
Administrative Court Blog, 10th October 2025

