![AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
The Padfield principle
The Padfield principle
The claimants’ alternative way of putting their case is in reliance on the principle that a public body must not use its powers to frustrate the purpose of the law it is implementing; see Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 (and see R (Saadat) v The Rent Service [2001] EWCA Civ 1559, per Sedley LJ at paragraph [13], in relation to secondary legislation).
- Heading
- This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand down is deemed to be 2pm on
- Mrs Justice Eady DBE
- Preliminary issue
- The decisions under challenge and the issues for determination
- The factual background
- The context
- The chronology relevant to the decisions under challenge and the current proceedings
- The registration decision
- The assessment decision
- IP1 patient data
- Advocacy
- O v P
- The statutory framework
- Regulated activity
- Registration of persons who carry on regulated activity
- Reviews and performance assessments
- Fundamental standards
- Statutory guidance for registered persons
- Relevant legal principles
- Process rationality
- Outcome rationality
- The Padfield principle
- The parties’ arguments
- The position of the CQC
- IP1’s position
- Analysis and conclusions
- Process irrationality
- Outcome irrationality
- The Padfield challenge
- Conclusions