duncan99210
Well-Known Member
I believe you are thinking of the comment of the judge re: the Judicial Review hearing?
It applies to all such hearings and judgments of course. In the case of the Judicial Review hearing there was no judgment; what is available is the transcript of proceedings, wherein the judge was making 'on the fly' comments exploring his own assessments as he went along - formulating his opinions in a non-determinative way as the debate progressed. Nothing there could be held as anything more authoritative than that, for all that it is useful insight into the judicial approach.
The Mayers' judgment was a different thing altogether - though of course, quotation should never be dishonestly selective.
I would refer you to para 1.4 of the Mayers judgement.