“…re the issue does not arise in the individual case. The analysis in Re RL was, and could be, of no legal effect: see Rochdale Metropolitan Borough Council v KW [2015] EWCA Civ 1054, [2015] WLR(D) 425. Decisions that reformulate a binding legal test or set up a different test are bound to be cited to trial judges and operate as a distracti…”
“…lic Prosecutions v T [2007] 1 W.L.R. 209 per Richards LJ at paragraph [27] and KW (by her litigation friend) and others v Rochdale Metropolitan Borough Council [2015] EWCA Civ 1054 at paragraph [22]). Ms Weston QC’s point is, however, academic. The matter is now before this superior court which is properly seized of the issue. An order ha…”