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R v Soneji

[2005] 3 WLR 303

Case summary last updated at 07/01/2020 18:49 by the Oxbridge Notes in-house law team.

Judgement for the case R v Soneji

 Failure by a judge to consider whether there were exceptional circumstances to extend a confiscation order, so that D challenged it under judicial review. HL held that the correct approach to an alleged failure to comply with a provision prescribing the doing of some act before a power was exercised was to ask whether it was a purpose of the legislature that an act done in breach of that provision should be invalid. This would depend on  weighing up of public interest, which here militated towards allowing the orders to stand. 

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