R v Secretary of State for the Home Department, ex parte Jeyeanthan

Facts

The Home Secretary applied for leave to appeal on a form that omitted a required declaration.

Issue

Did the defect make the application a nullity?

Held

No. There had been substantial compliance and the defect did not invalidate it.

Principle

The court asks about substantial compliance, waiver and the consequences of non-compliance, rather than the mandatory or directory label.

Why it matters

The modern approach to breach of procedural rules.

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