Dewa, R (on the application of) v Westminster City Council [2005] EWCA Civ 600 (04 May 2005)

There was no accidental slip in the judgment; the judge's reasoning was within the issues to be decided; the discretion to amend did not arise; and there was no real prospect of success on appeal.

Citation: [2005] EWCA Civ 600
Parties: Claimant/appellant: Mgoli Dewa; Defendant/respondent: Westminster City Council
Jurisdiction: England and Wales
Judgment Date: 04 May 2005
Procedural Posture: Judicial Review Appeal / Application for Permission to Appeal From Refusal to Amend Judgment
Outcome: Application refused
Legal Topics: Correction of Judgments, Statutory Powers of Local Authorities, Housing Standards, Judicial Discretion

Administrative Law Housing Law Civil Procedure Correction of Judgments Statutory Powers of Local Authorities Housing Standards Judicial Discretion

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Parties

Mgoli Dewa

Claimant/appellant

Westminster City Council

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Application for Permission to Appeal From Refusal to Amend Judgment

Legal Issues

1 Whether the judge erred in refusing to amend the reasons in his judgment under CPR 40.12
2 Whether the council had power to serve a notice under section 352 of the Housing Act 1985
3 Whether the judge's reasoning went beyond the issues to be decided

Ratio Decidendi

There was no accidental slip in the judgment; the judge's reasoning was within the issues to be decided; the discretion to amend did not arise; and there was no real prospect of success on appeal.

Court Disposition

Application refused

Orders

Permission to appeal refused