Burton, R (on the application of) v Solihull Metropolitan Borough Council

Burton, R (on the application of) v Solihull Metropolitan Borough Council

There was no proper factual or legal basis for the application to transfer proceedings or adjourn; alleged irregularities and bias were unsupported, and the judicial process was conducted regularly and impartially.

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 / Application for Transfer and Adjournment
Outcome
Application dismissed
Legal Topics
Bias and Impartiality, Court Procedure, Transfer of Proceedings, Adjournment
Administrative Law Civil Procedure Bias and Impartiality Court Procedure Transfer of Proceedings Adjournment

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 / Application for Transfer and Adjournment

Legal Issues

  1. 1 Whether there was material irregularity in listing justifying transfer to London
  2. 2 Whether court procedures demonstrated bias or unfairness
  3. 3 Whether adequate time was allowed for preparation of appeal

Ratio Decidendi

There was no proper factual or legal basis for the application to transfer proceedings or adjourn; alleged irregularities and bias were unsupported, and the judicial process was conducted regularly and impartially.

Court Disposition

Application dismissed

Orders

  • Application for transfer to London dismissed
  • Application for adjournment rejected