THE GET REAL MARKETING COMPANY LIMITED (R on the application of) v CULTURE RECOVERY BOARD & Anor

THE GET REAL MARKETING COMPANY LIMITED (R on the application of) v CULTURE RECOVERY BOARD & Anor

The decision to refuse the loan was not irrational; the committees were entitled to rely on their expertise, place the burden of proof on the applicant, and were not bound by internal grading or PwC reports. There was no evidence that the decision fell outside the range of reasonable responses.

Parties
Claimant: The Get Real Marketing Company Limited; First Defendant: Culture Recovery Board; Second Defendant: Secretary of State for Digital, Culture, Media and Sport
Jurisdiction
England and Wales
Judgment Date
13 May 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Rationality, Non Statutory Schemes, Discretion of Decision Makers
Administrative Law Public Law Judicial Review Rationality Non Statutory Schemes Discretion of Decision Makers

Case Brief

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Parties

The Get Real Marketing Company Limited

Claimant

Culture Recovery Board

First Defendant

Secretary of State for Digital, Culture, Media and Sport

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision to refuse a Culture Recovery Fund loan was irrational
  2. 2 Whether the decision maker failed to give good reasons
  3. 3 Whether irrelevant considerations were taken into account

Ratio Decidendi

The decision to refuse the loan was not irrational; the committees were entitled to rely on their expertise, place the burden of proof on the applicant, and were not bound by internal grading or PwC reports. There was no evidence that the decision fell outside the range of reasonable responses.

Court Disposition

Claim dismissed