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 suggested that whilst decisions as to the level of social
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234