Burton, R (on the application of) v Solihull Metropolitan Borough Council [2012] EWHC 1404 (Admin) (22 March 2012)

Burton, R (on the application of) v Solihull Metropolitan Borough Council [2012] EWHC 1404 (Admin) (22 March 2012)

There was no proper factual or legal basis for the application to transfer proceedings; the alleged irregularities did not amount to material unfairness or apparent bias, and the matter had already been properly determined by a judge with no appeal taken.

Citation
[2012] EWHC 1404 (Admin)
Parties
Claimant: Noah Burton; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Solihull Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Judicial Review / Interlocutory Application for Transfer of Proceedings
Outcome
Application dismissed
Legal Topics
Apparent Bias, Transfer of Proceedings, Fair Hearing, Judicial Impartiality
Administrative Law Civil Procedure Apparent Bias Transfer of Proceedings Fair Hearing Judicial Impartiality

Case Brief

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Parties

Noah Burton

Claimant

Secretary of State for Communities and Local Government

First Defendant

Solihull Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review / Interlocutory Application for Transfer of Proceedings

Legal Issues

  1. 1 Whether there was a material irregularity in the listing of proceedings justifying transfer to London
  2. 2 Whether the appearance of bias or unfairness warranted retransfer of proceedings

Ratio Decidendi

There was no proper factual or legal basis for the application to transfer proceedings; the alleged irregularities did not amount to material unfairness or apparent bias, and the matter had already been properly determined by a judge with no appeal taken.

Court Disposition

Application dismissed

Orders

  • Application for transfer of proceedings to London is dismissed
  • Any implied application for adjournment on grounds of inadequate preparation time is rejected