Attempt to avoid normal civil appeal process by use of judicial review – whether abuse of process. The underlying claim had been struck out as having no reasonable prospect of success. Permission to appeal had been refused. Permission to bring judicial review of that decision had itself been refused on the basis that the CPR provided a comprehensive system of appeals, which could not be circumvented by judicial review. The claimant now appealed against that refusal.
Held: The County Court had been given extensive and draconian case management powers, and the decisions challenged fell welll within those case management powers. The appeal failed.
Judges:
Wilkie J
Citations:
[2005] EWHC 3115 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Litigation Practice, Judicial Review, Civil Procedure Rules
Updated: 04 July 2022; Ref: scu.238163
