Clark, R (on the application of) v Child Support Agency [2002] EWHC 284 (Admin) (20 February 2002)

Clark, R (on the application of) v Child Support Agency [2002] EWHC 284 (Admin) (20 February 2002)

The declaration of parentage conclusively established Clark as the father, rendering his judicial review challenge to the IMA academic; the application was also out of time and without merit. The magistrates' court had no jurisdiction to set aside the liability order, and there was no evidence of irregularity in the attempted levy of distress. All decisions below were in accordance with law.

Citation
[2002] EWHC 284 (Admin)
Parties
Claimant/appellant: Clark; Defendant/respondent: Child Support Agency
Jurisdiction
England and Wales
Judgment Date
20 February 2002
Procedural Posture
Judicial Review and Appeal by Case Stated / Judgment on Permission for Judicial Review, Appeal by Case Stated, and Related Applications
Outcome
All applications and appeals dismissed; permission for judicial review refused; appeal by way of case stated dismissed; no extension of time granted; no order as to costs except public funding assessment for legally aided costs.
Legal Topics
Judicial Review, Child Support, Parentage Declaration, Extension of Time, Costs Orders, Habitual Residence, Presumption of Legitimacy
Administrative Law Family Law Civil Procedure Judicial Review Child Support Parentage Declaration Extension of Time Costs Orders +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Clark

Claimant/appellant

Child Support Agency

Defendant/respondent

Procedural Posture

Judicial Review and Appeal by Case Stated / Judgment on Permission for Judicial Review, Appeal by Case Stated, and Related Applications

Legal Issues

  1. 1 Whether permission should be granted for judicial review of the Interim Maintenance Assessment (IMA) and related agency decisions
  2. 2 Whether the appeal by way of case stated against the magistrates' court decision should succeed
  3. 3 Whether the magistrates' court had jurisdiction to set aside the liability order or to consider the regularity of the attempted levy of distress

Ratio Decidendi

The declaration of parentage conclusively established Clark as the father, rendering his judicial review challenge to the IMA academic; the application was also out of time and without merit. The magistrates' court had no jurisdiction to set aside the liability order, and there was no evidence of irregularity in the attempted levy of distress. All decisions below were in accordance with law.

Court Disposition

All applications and appeals dismissed; permission for judicial review refused; appeal by way of case stated dismissed; no extension of time granted; no order as to costs except public funding assessment for legally aided costs.

Orders

  • Permission to apply for judicial review refused
  • Extension of time for judicial review refused