case went to ‘Special Adjudicator’.
of State failed to use prescribed form of applying for leave to appeal his
practical omission was absence of declaration of truth.
held question to be asked is what legislation intended should be the
consequences of non-compliance.
of undesirable consequences of requirement that made everything that happened
thereafter a nullity, provisions intended to be ‘mandatory’ would be few.
look at whether there has been substantial compliance, and whether this is
here was mere technicality.