Gray, Application for Judicial Review (Re Decision of the Department of Health) [2025] NIKB 35 (06 June 2025)

Gray, Application for Judicial Review (Re Decision of the Department of Health) [2025] NIKB 35 (06 June 2025)

The court held that the Department's consultation process was not so unfair as to be unlawful. The consultation provided sufficient information, was accessible, allowed for meaningful response, and was appropriately contextualized as part of a multi-stage legislative process with further opportunities for scrutiny. The applicant failed to demonstrate clear and radical unfairness or a breach of the second Gunning principle. Leave to apply for judicial review was refused.

Citation
[2025] NIKB 35
Parties
Applicant: Kathy Gray; Proposed Respondent: Department of Health
Jurisdiction
Northern Ireland
Judgment Date
06 June 2025
Procedural Posture
Judicial Review (application for Leave) / Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused.
Legal Topics
Consultation Process, Legislative Procedure, Judicial Review, Public Health Legislation
Administrative Law Public Law Consultation Process Legislative Procedure Judicial Review Public Health Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kathy Gray

Applicant

Department of Health

Proposed Respondent

Procedural Posture

Judicial Review (application for Leave) / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Department of Health's public consultation on the proposed Public Health Bill complied with public law requirements for fairness, particularly the second Gunning principle regarding provision of sufficient information for informed response.
  2. 2 Whether the consultation process was so unfair as to be unlawful and thus amenable to judicial review.

Ratio Decidendi

The court held that the Department's consultation process was not so unfair as to be unlawful. The consultation provided sufficient information, was accessible, allowed for meaningful response, and was appropriately contextualized as part of a multi-stage legislative process with further opportunities for scrutiny. The applicant failed to demonstrate clear and radical unfairness or a breach of the second Gunning principle. Leave to apply for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused.