Source: All England Reporter
Publisher Citation: [2002] All ER (D) 250 (Oct)
Neutral Citation: [2002] EWHC 2092 (Admin)
Court: Administrative Court
Judge:

Lightman J

Representation David Wolfe (instructed by Ashok Patel) for the claimant.
  Clive Lewis (instructed by Eversheds) for the defendant.
Judgment Dates: 17 October 2002

Catchwords

Practice and procedure - Administrative Court - Civil Procedure Rules - Application for permission - Application following refusal of leave - Jurisdiction - CPR 52.15

The Case

There was no specific limitation imposed by the CPR on the power of the High Court to grant permission to apply for judicial review, where permission had been previously refused. However, the rules made plain that an appeal to the Court of Appeal, and not a fresh application, was appropriate where a challenge was made to the correctness of such a refusal. Further, the common law doctrine of res judicata did not preclude a fresh application. Nevertheless, a fresh application, unless based on fresh material, could constitute an abuse of process. It was important that no limitation on the jurisdiction of the High Court to grant permission on a fresh application should be read into the rules.

Practice Areas

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