The case concerned the prohibition in respect of chocolate eggs containing plastic toys one of which had been swallowed by and choked to death a small boy, and a power in the interests of public safety to prohibit the sale of particular goods, which carried a right of appeal to a Magistrates’ Court.
Held: Where there is an alternative remedy and especially where Parliament has provided a statutory appeal procedure it is only exceptionally that judicial review should be granted. It is therefore necessary, where the exception is invoked to look carefully at the suitability of the statutory appeal in the context of the particular case. ‘There are very strong dicta, both in this Court and in the House of Lords as cited, emphasising that where there is an alternative remedy and especially where Parliament has provided a statutory appeal procedure it is only exceptionally that judicial review should be granted’.
As to the suggested duty to consult, Talyor LJ said that if the supposed duty were to depend upon the facts and urgency of each case, enforcement authorities would be faced with a serious dilemma.
Judges:
Lord Justice Taylor
Citations:
[1993] 1 All ER 530
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v District Court Martial Sitting at RAF Lyneham (ex parte SAC Wayne Robert James Stoodley) Admn 20-May-1998
The defendant sought certiorari of a refusal of an adjournment of his hearing by the respondent. His defence team had requested an adjournment for a psychiatric report. The court had said such a report would not go as to mens rea.
Held: The . .
Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
Cited – Vella v London Borough of Lambeth Admn 14-Nov-2005
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation.
Held: The . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 26 October 2022; Ref: scu.179890
