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But surely if it goes to a Judicial Review then the judge is only reviewing the process of the application not the application itself. Now LDC have highlighted what they object to, and if Ruth Kelly, decides in the light of new submissions that the answer is 'yes', then LDC surely have no leg to...

And they will not be able to bring any new points to the table because the court will ask them why they did not say so in the first place.