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17 April 2008
Issue: 7317 / Categories: Case law , Law digest
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Judicial Review

Section 31 of the Supreme Court Act 1981 is amended (by s 141 of the Tribunals, Courts and Enforcement Act 2007)

Section 31 of the Supreme Court Act 1981 is amended (by s 141 of the Tribunals, Courts and Enforcement Act 2007) to provide that if, on an application for judicial review, the High Court quashes the decision to which the application relates, it may also (i) remit the matter to the original decision-maker, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or (ii) substitute its own decision for the decision in question (s 31(5)).

It may substitute its own decision only if the decision in question was made by a court or tribunal, the decision is quashed on the ground that there has been an error of law and, without the error, there would have been only one decision which the court or tribunal could have reached (s 31(5A)).

Unless the High Court otherwise directs, a decision so substituted has effect as if it were a decision of the relevant court or tribunal (s 31(5B)).

Issue: 7317 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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