Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase agreement and (b) determining that the District Judge’s decision was within the permissible grounds of his discretion.
Held: In the absence of a right of appeal, the court was faced with an application for judicial review. The question is whether the decision reached was a fair one, not whether it was the only fair conclusion. As in many other situations, although particular weight must be given to a claimant’s Article 6 rights, reasonable tribunals may differ as to the correct outcome, and ‘The question is whether the decision reached was a fair one, not whether it was the only fair conclusion. As in many other situations, although particular weight must be given to a claimant’s Article 6 rights, reasonable tribunals may differ as to the correct outcome.’
On examining the authorities: ‘the hurdles surmounting the claimant today are formidable. This is not enough to demonstrate that the Circuit Judge got it ‘extremely wrong’. In order to succeed on this application the claimant has to demonstrate something truly egregious or outrageous as to amount to a complete abrogation of the judicial process in the context of the right to a fair trial.’
Jay J
[2015] EWHC 1111 (Admin)
Bailii
European Convention on Human Rights 6
England and Wales
Citing:
Cited – Andreou v Lord Chancellor’s Department CA 22-Jul-2002
The Claimant had requested a postponement of the tribunal hearing on the basis of a medical certificate which stated that she was unfit to attend work. It therefore adjourned the proceedings for one week with directions that a medical report be . .
Cited – Terluk v Berezovsky CA 25-Nov-2010
Sedley LJ considered the position faced by an appellate court on a complaint of unfairness by a lower court, saying: ‘We would add that the question whether a procedural decision was fair does not involve a premise that in any given forensic . .
Cited – Strickson, Regina (On the Application of) v Preston County Court and Others CA 8-Oct-2007
The court was required to revisit the circumstances in which the High Court may properly entertain a judicial review of orders made by a judge in the county court.
Laws LJ said: ‘How should such a defect be described in principle? I think a . .
Cited – National Westminster Bank v Daniel CA 1993
The defence contained two contradictory grounds, and the defendant’s evidence again contradicted the defences. The plaintiff sought summary judgment.
Held: A judge, when considering whether a claim should be determined then or allowed to . .
Cited – Mahon, Regina (on the Application of) v Taunton County Court Admn 13-Dec-2001
Application for leave to apply for judicial review of a decision of a county court judge. The claim was as to the refusal of a licence to the claimant to work as a taxi driver.
Held: Leave was refused.
Hooper J said: ‘This case and . .
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
At Admn – O v The Secretary of State for The Home Department Admn 3-Apr-2012
The claimant sought judicial review of the Secretary of State’s continued detention pending deportation of her after her diagnosis with a medical condition.
Held: Lang J refused her permission to apply for judicial review. She had to decide: . .
Cited by:
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Litigation Practice, Human Rights
Updated: 30 December 2021; Ref: scu.547506