The plaintiff sought judicial review of a refusal of a local authority to grant a liquor licence and a music and dancing licence. Review was sought despite a right of appeal to the Magistrates Court.
Held: If other means of redress are conveniently and effectively available to a party they ought ordinarily to be used before resort to judicial review.
Glidewell J stated: ‘As I have said, the relief sought is discretionary. Where there is an alternative remedy available but judicial review is sought, then in my judgment the court should always ask itself whether the remedy that is sought in the court, or the alternative remedy which is available to the applicant by way of appeal, is the most effective and convenient, in other words, which of them will prove to be the most effective and convenient in all the circumstances, not merely for the applicant, but in the public interests. In exercising discretion as to whether or not to grant relief, that is a major factor to be taken into account.’ and ‘What I am being asked to deal with is a matter which affects the conduct by Local Authorities throughout the country of their functions under the legislation.’
Judges:
Glidewell J
Citations:
[1984] 1 WLR 501
Jurisdiction:
England and Wales
Cited by:
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 17 May 2022; Ref: scu.239042