The Hardiman principle restricting a decision-maker's participation in judicial review proceedings extends to 'one party' administrative determinations where the decision-maker is bound to accord procedural fairness, there is prospect of remitter, and the public interest justifies the Attorney-General's intervention. However, a plaintiff cannot designate the Crown as the substantial contradictor, and the court should not make orders restricting a party's right to appear in advance of trial; the appropriate remedy for breach lies in costs orders. Where the Attorney-General does not intervene, the decision-maker must be permitted to appear as contradictor.
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