“…In Aldwyck Housing Group v Forward [2019] EWCA Civ 1334, [2020] 1 WLR 584, Longmore LJ, with whom Bean and Moylan LJJ agreed, “decline[d] to accept the proposition that, as a general rule, if there is a breach of the PSED, any decisi…”
“…ersons for whom the consequence of closing the fund would have a very grave impact, was quashed for failure to comply with the PSED in reliance (inter alia) on [2020] 1 WLR 584 at 593 the above dictum of Elias LJ. In delivering the first judgment, McCombe LJ said (para 60):…”
“…would be no point in quashing the decision if the effect of doing that and requiring a fresh consideration would not have led to a different decision. We think [2020] 1 WLR 584 at 594 this was a correct concession. The court’s approach should not ordinarily be that of a disciplinarian, punishing for the sake of it, in these circumstan…”