84 Likelihood of substantially different outcome for applicant
Criminal Justice and Courts Act 2015 (2015 c 2) | Legislation

Part 4 Judicial Review

Judicial review in the High Court and Upper Tribunal

84  Likelihood of substantially different outcome for applicant

(1)     In section 31 of the Senior Courts Act 1981 (applications for judicial review), after subsection (2) insert—

“(2A)     The High Court—

(a)     must refuse to grant relief on an application for judicial review, and

(b)     may not make an award under subsection (4) on such an application,

if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.

(2B)     The court may disregard the requirements in subsection (2A)(a) and (b) if it considers that it is appropriate to do so for reasons of exceptional public interest.

(2C)     If the court grants relief or makes an award in reliance on subsection (2B), the court must certify that the condition in subsection (2B) is satisfied.”

(2)     In that section, before subsection (4) insert—

“(3C)     When considering whether to grant leave to make an application for judicial review, the High Court—

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