Reply To: Method of o/p recovery


I was only pointing out that there are a number of issues surrouding public duty, revision and supersession that could potentially complicate what LA’s often do as a matter of course.

The right of appeal on the entitlement issue will be against the decision as revised, so LA’s will be ok on that point, but the other public duty issues have not so far been tested. The Court of Appeal left the issue somewhat up in the air in Cotter.

Dont know what line the LGO would take on injustice and maladministration in these circumstances, but I suspect that he would probably find maladminsitration but minimal injustice, given that Commissioners are wont to do this following the Aweitefe case.