Source: All England Reporter
Publisher Citation: [2002] All ER (D) 310 (Oct)
Court: Administrative Court
Judge:

Davis J

Representation Paul Greaney and Simon Myerson (instructed by Russell Jones & Walker, Sheffield) for the claimants.
  Robert Fordham QC and David Geey (instructed by the Discipline and Complaints Department of the West Yorkshire Police, Wakefield) for the chief constable.
Judgment Dates: 22 October 2002

Catchwords

Administrative law - Judicial review - Permission to apply for judicial review - Alternative remedy - Ability of judge to decline jurisdiction at substantive hearing.

The Case

The decision of a judge in granting permission to apply for judicial review was intended to be dispositive, and to ask the judge at the substantive hearing to deal with an issue which had already been dealt with at the permission stage was tantamount to a collateral challenge to the decision of a judge of co-ordinate jurisdiction. It would not generally be appropriate for the court to decline jurisdiction at the substantive stage, although it might be open to the court to revisit the issue in exceptional circumstances.

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