Legal Framework
Legal Framework
There has not been at this hearing active dispute between counsel as to the applicable legal framework. That which was set out on behalf of the applicant and on which I draw for much of that which follows was undisputed. There has been something approaching a dispute as to whether it is necessary in the circumstances of this particular case for me to give detailed consideration to the European jurisprudence by reference to which context Ms Kelly positions some of her arguments. Ms Sutton submitted that it was unnecessary for the court to undertake a separate analysis of the European jurisprudence where there was no identified difference in approach. I have considered with care those authorities to which counsel have directed my attention in their written and oral submissions.
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