The Soneji principle and remedial discretion in judicial review – Administrative Court Blog
‘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).’
Administrative Court Blog, 26th July 2025