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 who heard the substantive application could hear an application based additionally upon grounds rejecetd by the judge giving leave, even if neither the legal nor factual situation had changed, and Opoku should be read accordingly. Each case must be looked at on its own merits. .
Judges:
Woolf LCJ, Auld, Clarke LJJ
Citations:
Times 09-Jul-2003, [2003] EWCA Civ 1014, [2003] 1 WLR 2176
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Explained – 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 . .
Cited by:
Revisited – Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice Admn 21-Nov-2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve.
Held: In exercising this function, . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Judicial Review
Updated: 19 November 2022; Ref: scu.184485