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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Al-Sweady & Ors, R (on the application of) v Secretary of State for Defence [2009] EWHC 1667 (Admin) (10 July 2009) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2009/1667.html Cite as: [2009] EWHC 1667 (Admin) |
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OF
JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
![]() ![]() Strand, London, WC2A 2LL |
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B e f o r e :
Mr. JUSTICE SILBER
Mr. JUSTICE SWEENEY
____________________
THE QUEEN on the application ![]() ![]() KHUDER ![]() ![]() HUSSAIN FADHIL ABASS ATIYAH SAYID ABDELREZA HUSSEIN JABBARI ALI MAHDI JASSIM ABDULLAH AHMAD JABBAR AHMOOD IBRAHIM GATTAN HASSAN |
Claimant |
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- and - |
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THE SECRETARY ![]() ![]() ![]() ![]() |
Defendant |
____________________
Clive Lewis QC, Sam Wordsworth, Joanne Clement and Robert Wastell (instructed by Treasury Solicitor) for the Defendant
Hearing date: 22 April 2009
____________________
OF
JUDGMENT
Crown Copyright ©
MR JUSTICE SILBER:
I Introduction
II The Issues
III Failure to Obtain Written Consent of
the Applicant
"where an application is made to the court to add... a new party to the proceedings as claimant, the party applying must file... (iii) the signed, written consentof
the new claimant to be so added or substituted".
IV The Limitation Issue
"must be brought before the endof
(a) the period
of
one year beginning with the date on which the act complained
of
took place; or (b) such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question".