“…rongful if the first administrative act is unlawful. This has sometimes been termed “the second actor theory” and Mr Tam relied on the judgment in Percy v Hall [1997] QB 924. In Percy v Hall the Court of Appeal held that byelaws, which prevented access to Ministry of Defence land, were valid. The Court went on to consider whether a…”
“…Although I see force in Mr Tam’s submissions based on cases such as Percy v Hall [1997] QB 924, in particular at 947-948, and Secretary of State for the Home Department v Draga [2012] EWCA Civ 842, I consider that it is unnecessary to examine them in det…”