Ms Rachel Minch:

That is an issue. The general point that would normally be made is that if there was a point that could have been made before the decision-maker, and it was not made at the time, then that might have implications for the person in the context of standing or possibly in the court's discretion to allow the person to raise a point at a later stage. If there are simply points that a person could not have anticipated, or which had simply not crystallised at that point, then of course somebody needs to be able to raise that at a later stage. Section 4 possibly needs to be looked at in the context.