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32. I have had the advantage of reading in draft the opinion of my noble and learned friend Lord Carswell. For the reasons set out in his opinion, with which I agree, I too would allow the appeal.
1 The Tribunal has attributed the passage incorrectly. It should be L Phillips of Worth Matravers MR delivering the judgment of the Court of Appeal in R (A and others) v. Lord Saville of Newdigate and others  1 WLR 1249, 1261, para 30.