Where a public body takes a decision within the ambit of a statutory discretion that decision is not necessarily immune from challenge within the law of negligence1. Nevertheless, matters of policy2 relevant to the exercise of the discretion are not justiciable and the court cannot adjudicate on them3. Thus a decision by a regulatory authority to allocate funds to raising the quality rather than the quantity of its activity would be unassailable4, but a decision as to the timing of a regulatory measure might not be5. It has been
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