Mr. Dave Walsh:

No. If anything, the evolving nature of case law and the complexity around some of the interpretations of the legislation that we are dealing with, including environmental and EU legislation, pose significant challenges. The board's job is to make decisions on the basis of the information it has. If we subsequently find out that a judicial review of a case that was lodged the previous year has identified a particular issue, why would the board continue to defend a similar issue in a case when it can instead concede and not tie up the court's time? It can cut its losses and the case can be remitted.