The respondent’s practice had suffered intervention by the Council. He complained that they had not followed the required procedure.
Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse of process. This was not a case in which the public law element was incidental.
Citations:
[1997] EWCA Civ 3038
Statutes:
Administration of Justice Act 1985 31
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Judicial Review
Updated: 13 November 2022; Ref: scu.143437