see here for example.
These public authorities whether its the NHS, local authorities or the police battle people for years and then, when the case is decided against them, they say, 'how awful this should happen, we are very sorry'.
I was reading a case yesterday (as you do!) R (N) v North Tyneside Borough Council in which the judge actually had to say, in so many words, how dare the LA turn up to present a case they know to be unlawful and then change their minds and concede only just as your barrister gets to his feet!
This is a great case btw. It confirms that:
there is ?no best endeavours defence? to a challenge that a local authority is failing to arrange the provision specified in a statement ? in other words that the local authority cannot say ?we are trying out best?, it simply has to do whatever the statement says and will be ordered to do so by the Court if it does not.
Use it where you can