Dewa, R (on the application of) v Westminster City Council

Dewa, R (on the application of) v Westminster City Council

There was no accidental slip in the judgment; the judge's observations were within the issues to be decided; the discretion to amend did not arise and there was no error in principle or balancing of factors.

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

Case Brief

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Parties

Mgoli Dewa

Claimant/appellant

Westminster City Council

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the judge erred in refusing to amend his judgment under CPR 40.12
  2. 2 Whether the judge's reasoning went beyond the issues to be decided
  3. 3 Whether the judge failed to exercise discretion properly

Ratio Decidendi

There was no accidental slip in the judgment; the judge's observations were within the issues to be decided; the discretion to amend did not arise and there was no error in principle or balancing of factors.

Court Disposition

Application refused

Orders

  • Permission to appeal refused