‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’
UK Human Rights Blog, 16th February 2014
Source: www.ukhumanrightsblog.com
