Ground 3 – Failure to take account of Material Considerations
Ground 3 – Failure to take account of Material Considerations
Ground 3 - Submissions
Mr Litton’s submission under this ground is that there were certain matters that were so obviously material to the decisions that it was irrational to leave them out of account. The matters left out of account (which overlap to some extent with those said to have been inadequately investigated under Ground 2) are said to include the fact that Rydon was not Rydon Maintenance, that Rydon had successfully remediated numerous buildings, that the evidence as to Rydon Maintenance given to the inquiry was outdated and in respect of a different company, and that the view of Senior Civil Servants that the Cable Street Buildings “should be transferred” (as set out in the Dossier) was not included in the Ministerial Submissions.
Sir James submits that the first three of these matters were not left out of account and that in respect of the fourth, there was nothing irrational about presenting a balanced summary of the evidence in the Ministerial Submission and leaving the decision to the SoS.
- Heading
- Introduction
- Background
- Background to the contract between Rydon and the SoS (“ the Contract ”)
- Building Safety Act 2022 and RAS Regulations
- Relevant contractual provisions
- Rydon enters into Contract and joins RAS
- The process leading to the Decisions
- Since the decisions
- Agreed List of Issues
- Amenability to and Scope of Judicial Review
- Amenability - Discussion
- Ground 1 – Breach of Natural Justice
- Ground 1 – Discussion
- Ground 2 – Breach of Tameside duty
- Ground 2 - Submissions
- Ground 2 - Discussion
- Ground 3 – Failure to take account of Material Considerations
- Ground 3 - Discussion
- Grounds 4 & 5 – Predetermination / Improper Motive
- Ground 6 – Wednesbury irrationality / Failure to provide reasons
- Conclusions
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