“…ion in a judicial review case there are the authorities where the position is governed by statute. In Gardiv Secretary of State for the Home Department (No. 2) [2002] 1 WLR 3282 this court had to set aside a judgment it had previously given ([2002] 1 WLR 2755) on an appeal from an immigration tribunal because the adjudicator who had he…”
“…ase was considered on the papers by Christopher Clarke LJ and at an oral hearing by Irwin LJ without the point being taken then. Indeed in Gardi v SSHD (No. 2) [2002] 1 WLR 3282, under a slightly different statutory framework, this court realised months after giving judgment in a substantive appeal that the original decision had been g…”