The application was refused - it was reasonable for the applicant to raise and pursue this issue. Given the constraints under which all public bodies operate, the applicant was entirely justified in keeping under review the question of whether to pursue the case. Indeed, it would have been remiss if it had not done so. The fact that the applicant decided to abort the proceedings was a reasonable decision. To use the words in rule 159(2)(b), it was reasonable for the applicant to decide not to contest the issue in the light of the review by the Law Commission whose final report contains recommendations for substantial reform.
Read the full text of the judgment on Bailii