|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Stegers' Application For Judicial Review  EWCA Civ 1115 (4 July 2001)
Cite as:  EWCA Civ 1115
[New search] [Context] [View without highlighting] [Printable RTF version] [Help]
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(Mr Justice Turner)
Wednesday, 4th July 2001
B e f o r e :
|STEGERS' APPLICATION FOR JUDICIAL REVIEW|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
Crown Copyright ©
Wednesday, 4th July 2001
"1.This application well out of time and the explanation given is wholly unsatisfactory;
2.In any event the claimant should not be pursuing judicial review when there is an appeal procedure available to him."
"He may" [that is the applicant] "or may not have had the report sent to him by [DMH] at an earlier stage. It certainly was available, I think I am right in saying, for the arbitration. It was part of the documents in the bundle and I entirely agree with the District Judge that if Mr Stegers had wanted a copy of that report he could have had it by either getting his new solicitors to request the file from [DMH], getting his new solicitors to request the report from [DMH], requesting the report himself from Mr Turnbull (about whom he was well aware), or requesting the report himself from [DMH]. None of this he did. I am afraid, on that basis, I just cannot see where or how the matters relating to and surrounding that report could possibly produce any kind of irregularity or mistake of law that would allow me to set aside the decision of District Judge Jackson, apart from it not even appearing in the pleadings. Even if it did, I cannot see how that is a matter upon which I could rely as a basis for setting aside the judgment."
"7.-(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may-
(abring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b)rely on the Convention right or rights concerned in any legal proceedings
but only if he is (or would be) a victim of the unlawful act."
"(1) Proceeding under section 7(1)(a) in respect of a judicial act may be brought only-
(a)by exercising a right of appeal;(b)on an application (in Scotland a petition) for judicial review; or(c)in such other forum as may be prescribed by rules.
(2) That does not affect any rule of law which prevents a court from being the subject of judicial review."