Remedies, costs and liquidators

The closing months of 2013 saw a trio of significant judgments in the courts concerning various important aspects of environmental law.

Richard MacroryEven where a judicial review has been successful, courts generally have considerable discretion in the remedy they provide.  In land use planning cases, especially where there has been a procedural failure, British courts have traditionally adopted a practice of refusing to quash the relevant decision where they consider the outcome would have been the same if the breach of law had not taken place. 

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