In Karaj v Three Rivers DC [2011] EWCA Civ 768, Ward and Rimer LJJ granted permission to appeal on what appears to be the “Shacklady” issue (links to our report), viz whether a failure to follow the proper rules regarding the contracting out of the review process invalidates the (entire) review itself. Three Rivers DC had contracted out their reviews to a well-known contractor. Before HHJ Faber, the Shacklady argument had been unsuccessful. Permission was refused by the MR on the papers but granted after a renewed application for permission by Christopher Baker – to whom many congrats – on the basis that here there is an appeal which has a real prospect of success. The court also noted that it would apply the lower threshold to permission (Elrify, at [24]) because the matter could not be raised on review. HHJ Faber’s analysis was effectively the first such judicial consideration of the contracting out point. Watch out for this one – could be v interesting.