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Words: 1,500 | Submitted: Thu Feb 28 2008
... appropriate insurance cover and, as she put it, "the government cannot accept an unlimited liability to bale out the reckless few who fail to look after themselves". Jocasta's residence, which was inundated for two weeks, was not insured against flood damage. She understood that she fulfilled the BERS criteria. She accordingly posted an application for financial relief to assist her repair the property the day before the revocation of the scheme. She had been notified that her application arrived too late to be considered. She seeks you advice as to whether she could bring an action for judicial review to quash the decision to revoke BERS, and a mandatory order compelling the minister to give proper consideration to her claim. She will claim that the purported revocation was unfair and consequently unlawful. The minister will argue, inter alia, that since BERS was set up under the prerogative powers, any decision relating to ...
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