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March 15, 2023

Would the ouster clause exclude judicial review proceedings against a council’s decision to deny grants?

Ouster clauses
3. Section 1 of the [fictitious] Energy Efficiency Act 2020 obliges local councils to grant ?2,000 towards the cost of insulating ‘energy inefficient houses’. Section 2 entrusts the question of determining energy inefficiency to local councils and provides that ‘decisions by councils on which houses are energy inefficient for the purposes of awarding grants shall not be called into question in law.’
Would the ouster clause exclude judicial review proceedings against a council’s decision to deny grants?

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