Nothing in the new rules prevented the court from allowing cross examination of witnesses in judicial review cases, though the procedure does not lend itself to cases with a high degree of factual debate. The court has a wide discretion, and the Wilkinson case seems to imply this. This applies notwithstanding that Part 54 appeared to contain no provisions authorising cross-examination in judicial review cases
Judges:
Mr Justice Munby
Citations:
Times 18-Mar-2002, Gazette 25-Apr-2002, [2002] EWHC 250 (Admin)
Links:
Statutes:
Civil Procedure Rules 1998 8.6 32.1 54.16(1)
Jurisdiction:
England and Wales
Citing:
Applied – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .
Cited by:
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Judicial Review
Updated: 05 April 2022; Ref: scu.168007