Godin-Prior, R (On the Application Of) v Secretary of State for Transport & Anor [2023] EWHC 621 (Admin) (21 March 2023)

Godin-Prior, R (On the Application Of) v Secretary of State for Transport & Anor [2023] EWHC 621 (Admin) (21 March 2023)

Judicial review is inappropriate where statutory appeal remedies exist and have been pursued; claimant's default was not excusable; delay was unjustified; no arguable legal merit in grounds; costs order in favour of Secretary of State stands; no costs order for Police.

Citation
[2023] EWHC 621 (Admin)
Parties
Claimant: Kevin Charles Godin-Prior; First Defendant: Secretary of State for Transport; Second Defendant: Chief Constable of North Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission for judicial review refused; claim dismissed
Legal Topics
Judicial Review, Driving Licence Revocation, Statutory Appeal, Costs Orders
Administrative Law Public Law Judicial Review Driving Licence Revocation Statutory Appeal Costs Orders

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Parties

Kevin Charles Godin-Prior

Claimant

Secretary of State for Transport

First Defendant

Chief Constable of North Yorkshire Police

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the revocation of the claimant's driving licence by DVLA was unlawful
  2. 2 Whether the claimant's failure to respond to DVLA correspondence was excusable
  3. 3 Whether judicial review is appropriate given statutory appeal remedies

Ratio Decidendi

Judicial review is inappropriate where statutory appeal remedies exist and have been pursued; claimant's default was not excusable; delay was unjustified; no arguable legal merit in grounds; costs order in favour of Secretary of State stands; no costs order for Police.

Court Disposition

Permission for judicial review refused; claim dismissed

Orders

  • Claimant to pay Secretary of State's costs summarily assessed at £1,800
  • Police's application for costs refused