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In a number of different legal settings, there are statutory provisions to the effect that permission is required to commence an action. Since litigants do not always abide by procedural obligations, a question might then arise as to what is the consequence of a failure to obtain permission: is the action a nullity or was there a procedural flaw that can be corrected? In other words, what actually was the nature of the obligation – a mandatory obligation that determines the jurisdiction of the court to proceed or a directory provision that ought to be met but is not an essential precursor to commencing an action?

Seal v UK: The End of the Story or Time for a Fresh Beginning?