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Natural justice – Duty to act fairly. Proceedings for judicial review of the defendant local authority's council tax reduction scheme, on the basis that the consultation had been unfair, were dismissed at first instance and on appeal. The Supreme Court, in allowing the claimant's appeal, considered the scope of a public authority's duty to consult. It found that the authority's consultation had been unfair, as it had not referred to other ways of absorbing the shortfall in council tax and those other options had not been obvious. However, it would not be proportionate to order the authority to undertake a fresh consultation exercise.
Natural justice – Duty to act fairly. Proceedings for judicial review of the defendant local authority's council tax reduction scheme, on the basis that the consultation had been unfair, were dismissed at first instance and on appeal. The Supreme Court, in allowing the claimant's appeal, considered the scope of a public authority's duty to consult. It found that the authority's consultation had been unfair, as it had not referred to other ways of absorbing the shortfall in council tax and those other options had not been obvious. However, it would not be proportionate to order the authority to undertake a fresh consultation exercise.
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