Where a litigant reasonably commences judicial review proceedings challenging the validity of executive action, and Parliament retrospectively remedies the alleged statutory deficiency in anticipation of an adverse declaration, the litigant should not bear a costs penalty for the proceedings rendered moot. The threat of costs in such circumstances would unduly inhibit the invocation of judicial review jurisdiction. This principle applies where the defendants are manifestations of the executive government who have had the benefit of the retrospective legislation.
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