British Dental Association v General Dental Council

Natural justice – Duty to act fairly. The claimant sought judicial review of the decision of the defendant General Dental Council to set its annual retention fee on the basis that there had been a failure to properly consult and re-consult after a fundamental change of position. The Administrative Court, in allowing the application, held that the consultation had not been transparent, as it had not explained the position in clear and accessible terms, enabling consultees to provide intelligent and informed responses. However, it had not been conspicuously unfair not to re-consult, as there had not been a fundamental change.

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