Smillie v Southend On Sea Borough Council [2002] EWCA Civ 516 (27 March 2002)

Smillie v Southend On Sea Borough Council [2002] EWCA Civ 516 (27 March 2002)

The application was dismissed due to the applicant's repeated non-attendance and lack of substantive merit as previously determined.

Citation
[2002] EWCA Civ 516
Parties
Applicant/claimant: Smillie; Respondent/defendant: Southend on Sea Borough Council
Jurisdiction
England and Wales
Judgment Date
27 March 2002
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review, Stay of Execution, and Extension of Time
Outcome
Application dismissed
Legal Topics
Judicial Review, Procedural Default, Non Attendance
Administrative Law Judicial Review Procedural Default Non Attendance

Case Brief

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Parties

Smillie

Applicant/claimant

Southend on Sea Borough Council

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review, Stay of Execution, and Extension of Time

Legal Issues

  1. 1 Whether the applicant's repeated non-attendance justified dismissal of her application
  2. 2 Whether the merits of the application warranted permission for judicial review

Ratio Decidendi

The application was dismissed due to the applicant's repeated non-attendance and lack of substantive merit as previously determined.

Court Disposition

Application dismissed

Orders

  • Application for permission to apply for judicial review, stay of execution, and extension of time dismissed