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The trial judge was wrong to conclude that the matters raised were not arguable and counsel argued that the threshold test for arguability was clearly established.
Where it is alleged that the decision-maker such as the Panel did not have regard to a material factor (such as in this case the degree of the appellant's intoxication) the appellant must adduce some evidence or a sufficient inference that it failed to do so (per Carswell LCJ in Re SOS (NI) Limited [2003] NIJB 252.
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Common Room
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