Opoku, Regina (on the Application of) v Principal of Southwark College and Another: Admn 17 Oct 2002

The claimant sought permission to add grounds to his application for leave to bring a judicial review.
Held: There was no specific rule excluding a court from granting such a rule. Here however there was no change to support any such application, and leave was refused. An appeal from such a refusal lay to the Court of Appeal. The court had a discretion to grant permission, but it should be granted only where there had been some change in circumstances. Such decisions were interlocutory in their nature and not final and therefore not capable of bringing into play the doctrine of res judicata. However a fresh application might be vulnerable to dismissal as an abuse unless new material was advanced in support of it.

Judges:

Lightman J

Citations:

Times 07-Nov-2002, Gazette 14-Nov-2002, [2002] EWHC 2092 (Admin), [2003] 1 WLR 234

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

ExplainedRegina (Smith, Trevor) v Parole Board CA 30-Jun-2003
The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted.
Held: The judge . .
CitedKent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Lists of cited by and citing cases may be incomplete.

Judicial Review

Updated: 10 July 2022; Ref: scu.178018