“…ch the Appellant said was already held electronically by the SSHD. The test for materiality was set out by this Court in R (Smith) v. North East Derbyshire PCT [2006] EWCA Civ 1291 at paragraph [10] (s. 31(2A) of the Senior Courts Act 1981 was only brought into effect with respect to judicial review proceedings in the Upper Tribunal issue…”
“…cial review court should have adopted in this case in its consideration of whether there is a properly arguable claim. In R (Smith) v North East Derbyshire PCT [2006] EWCA Civ 1291 at [10], May LJ held that:…”