The applicant had sought to quash a refusal of its plannng application. An order had been made for the service of evidence, and the judge had set down an order which was expressed to be of more general application. The Secretary of State now appealed saying that the order had been ultra vires the judge.
Held: The judge had acted beyond his powers in attempting to fill a gap in the rules. The rules had the force of delegated legislation, and any variation might only be with the consent and authority of the Lord Chancellor. It had not been intended that court judgments would be part of the scheme of making Rules. The Commercial Court Guide has no formal status: it provides only guidance.
Lord Justice Waller, Lord Justice Dyson and Lord Justice Stanley Burnton (dissenting)
[2009] EWCA Civ 171, Times 23-Mar-2009, [2009] ACD 31, [2009] CP Rep 27, [2009] 2 P and CR 7, [2009] 3 All ER 340
Bailii
Civil Procedure Rules 8, Constitutional Reform Act 2005, Civil Procedure Act 1997 5(1)
England and Wales
Citing:
Appeal from – Bovale Ltd v Secretary of State for the Communities and Local Government and Another Admn 1-Sep-2008
Application was made to appeal against procedural orders in the course of a challenge to a refusal of planning permision. . .
Appeal from – Bovale Ltd, Regina (On the Application of) v Secretary Of State for Communities and Local Government and Another Admn 13-Oct-2008
Application to quash a decision of an inspector appointed by the first defendant to determine the claimant’s appeal against the decision of the second defendant to refuse planning permission for the development of what was described in the . .
Cited by:
Cited – Brown and Others v InnovatorOne Plc and Others ComC 19-Jun-2009
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Planning, Civil Procedure Rules
Updated: 01 November 2021; Ref: scu.317955
