Rezq Allah Koro, R (on the application of) v County Court at Central London

Rezq Allah Koro, R (on the application of) v County Court at Central London

The Appellant was denied a fair hearing due to the County Court's sustained failure to list his application for an oral hearing, compounded by procedural errors and misapplication of the rules regarding service and jurisdiction. The refusal of permission to bring judicial review was based on a fundamental error of fact and law. The appeal is allowed, permission to bring judicial review is granted, and the Appellant's application to set aside the original order must be listed for hearing.

Parties
Claimant/appellant: Rezq Allah Koro; Defendant/respondent: County Court at Central London; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Bring Judicial Review; Rolled Up Hearing in Court of Appeal
Outcome
Appeal allowed; permission to bring judicial review granted
Legal Topics
Defective Service, Right to Fair Hearing, Judicial Review, Case Management, Access to Justice, CPR Part 11, Article 6 ECHR
Civil Procedure Human Rights Administrative Law Defective Service Right to Fair Hearing Judicial Review Case Management Access to Justice +2 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 From Refusal of Permission to Bring Judicial Review; Rolled Up Hearing in Court of Appeal

Legal Issues

  1. 1 Whether the Appellant was denied a fair hearing by the County Court's failure to list his application for an oral hearing
  2. 2 Whether the refusal of permission to bring judicial review was correct
  3. 3 Whether defective service rendered the proceedings non-existent or deprived the court of jurisdiction

Ratio Decidendi

The Appellant was denied a fair hearing due to the County Court's sustained failure to list his application for an oral hearing, compounded by procedural errors and misapplication of the rules regarding service and jurisdiction. The refusal of permission to bring judicial review was based on a fundamental error of fact and law. The appeal is allowed, permission to bring judicial review is granted, and the Appellant's application to set aside the original order must be listed for hearing.

Court Disposition

Appeal allowed; permission to bring judicial review granted

Orders

  • Permission to appeal against the Deputy Judge's decision is granted.
  • The Deputy Judge's decision is set aside.