Koro, R (On the Application Of) v County Court at Central London [2024] EWCA Civ 94 (08 February 2024)

Koro, R (On the Application Of) v County Court at Central London [2024] EWCA Civ 94 (08 February 2024)

The Court of Appeal held that the Deputy Judge erred in refusing permission to bring judicial review and in certifying the application as totally without merit, as he fundamentally misunderstood the procedural history and the effect of the County Court's orders. The appellant was denied the oral hearing to which he was entitled, and the CPS was not entitled to raise defective service without complying with CPR Part 11. Defective service did not render the proceedings non-existent, and the procedural errors by the County Court amounted to a denial of justice. Permission to appeal was granted and the appeal allowed.

Citation
[2024] EWCA Civ 94
Parties
Claimant/appellant: Rezq Allah Koro; Defendant/respondent: County Court at Central London; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Judicial Review/appeal / Appeal From Refusal of Permission to Bring Judicial Review; Substantive Appeal
Outcome
Appeal allowed; permission to bring judicial review granted; matter remitted for further consideration.
Legal Topics
Defective Service, Right to Oral Hearing, Judicial Review, Case Management, Access to Justice, CPR Part 11, Human Rights Act 1998, Article 6 ECHR
Civil Procedure Human Rights Administrative Law Defective Service Right to Oral Hearing Judicial Review Case Management Access to Justice +3 more

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Parties

Rezq Allah Koro

Claimant/appellant

County Court at Central London

Defendant/respondent

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review/appeal / Appeal From Refusal of Permission to Bring Judicial Review; Substantive Appeal

Legal Issues

  1. 1 Whether the refusal to grant permission to bring judicial review proceedings was lawful
  2. 2 Whether the County Court's procedural handling denied the appellant a fair hearing
  3. 3 Whether defective service deprived the court of jurisdiction or rendered proceedings non-existent

Ratio Decidendi

The Court of Appeal held that the Deputy Judge erred in refusing permission to bring judicial review and in certifying the application as totally without merit, as he fundamentally misunderstood the procedural history and the effect of the County Court's orders. The appellant was denied the oral hearing to which he was entitled, and the CPS was not entitled to raise defective service without complying with CPR Part 11. Defective service did not render the proceedings non-existent, and the procedural errors by the County Court amounted to a denial of justice. Permission to appeal was granted and the appeal allowed.

Court Disposition

Appeal allowed; permission to bring judicial review granted; matter remitted for further consideration.

Orders

  • Permission to appeal against the Deputy Judge's order granted.
  • Appeal allowed.