Farmer, R (on the application of) v English Partnerships [2002] EWCA Civ 1873 (11 December 2002)

Farmer, R (on the application of) v English Partnerships [2002] EWCA Civ 1873 (11 December 2002)

The application was refused because it was out of time, lacked merit as the respondents' commercial decision was reasonable and unchallengeable by judicial review, and the applicant lacked standing.

Citation
[2002] EWCA Civ 1873
Parties
Claimant/applicant: Graham Farmer (on behalf of The Newe Dome Experience); Defendant/respondent: English Partnerships
Jurisdiction
England and Wales
Judgment Date
11 December 2002
Procedural Posture
Judicial Review / Application for Permission to Appeal Refusal of Permission for Judicial Review
Outcome
Application refused
Legal Topics
Judicial Review, Standing, Extension of Time, Commercial Decisions by Public Bodies

Case Brief

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Parties

Graham Farmer (on behalf of The Newe Dome Experience)

Claimant/applicant

English Partnerships

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal Refusal of Permission for Judicial Review

  1. 1 Whether the applicant had standing to challenge the decision to enter exclusive negotiations for the sale of the Dome
  2. 2 Whether the application for judicial review was out of time
  3. 3 Whether there was any merit in the challenge to the respondents' commercial decision

Ratio Decidendi

The application was refused because it was out of time, lacked merit as the respondents' commercial decision was reasonable and unchallengeable by judicial review, and the applicant lacked standing.

Court Disposition

Application refused

Orders

  • Refusal of extension of time
  • Refusal of permission to appeal