Moore, R (on the application of) v London Rent Assessment Committee [2001] EWCA Civ 1577 (17 October, 2001)

Moore, R (on the application of) v London Rent Assessment Committee [2001] EWCA Civ 1577 (17 October, 2001)

The Rent Assessment Committee retained jurisdiction after its previous decision was quashed, as the reference itself was not quashed. The refusal to adjourn was within the Committee's discretion, especially absent medical evidence and given the history of non-attendance. Delay due to judicial review did not make the proceedings statute-barred. The Committee's assessment of comparables is not reviewable on judicial review, and the matter was academic as the applicant had vacated the premises.

Citation
[2001] EWCA Civ 1577
Parties
Claimant/applicant: George Moore; Defendant/respondent: London Rent Assessment Committee
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Application / Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Judicial Review, Rent Assessment, Jurisdiction, Adjournment of Hearings
Administrative Law Landlord and Tenant Judicial Review Rent Assessment Jurisdiction Adjournment of Hearings

Case Brief

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Parties

George Moore

Claimant/applicant

London Rent Assessment Committee

Defendant/respondent

Procedural Posture

Judicial Review Application / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Rent Assessment Committee had jurisdiction after the High Court quashed its previous decision
  2. 2 Whether the Committee should have granted an adjournment due to the applicant's ill health
  3. 3 Whether the proceedings were statute-barred due to delay

Ratio Decidendi

The Rent Assessment Committee retained jurisdiction after its previous decision was quashed, as the reference itself was not quashed. The refusal to adjourn was within the Committee's discretion, especially absent medical evidence and given the history of non-attendance. Delay due to judicial review did not make the proceedings statute-barred. The Committee's assessment of comparables is not reviewable on judicial review, and the matter was academic as the applicant had vacated the premises.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed