C, R (on the application of) v HM Court Service (North Devon Magistrates' Court, Barnstaple) & Ors

C, R (on the application of) v HM Court Service (North Devon Magistrates' Court, Barnstaple) & Ors

There was no arguable ground that the magistrates' refusal to adjourn or set aside the liability order was unlawful, irrational, or unfair. The Secretary of State acted within the law. The claim was unmeritorious, out of time, and the proper route was by case stated, not judicial review. Permission to proceed was refused.

Parties
Claimant: Duncan Howard C; First Defendant: Her Majesty's Court Service (North Devon Magistrates' Court, Barnstaple); Second Defendant: Secretary of State for Work and Pensions; Interested Party: Lucy V
Jurisdiction
England and Wales
Judgment Date
03 October 2009
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission refused
Legal Topics
Judicial Review, Child Support, Liability Orders, Costs
Administrative Law Family Law Judicial Review Child Support Liability Orders Costs

Case Brief

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Parties

Duncan Howard C

Claimant

Her Majesty's Court Service (North Devon Magistrates' Court, Barnstaple)

First Defendant

Secretary of State for Work and Pensions

Second Defendant

Lucy V

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the refusal to set aside a liability order by the Magistrates' Court was unlawful, irrational or unfair
  2. 2 Whether the Secretary of State's actions in seeking or refusing to set aside the liability order were unlawful
  3. 3 Whether costs should be awarded against the claimant in exceptional circumstances

Ratio Decidendi

There was no arguable ground that the magistrates' refusal to adjourn or set aside the liability order was unlawful, irrational, or unfair. The Secretary of State acted within the law. The claim was unmeritorious, out of time, and the proper route was by case stated, not judicial review. Permission to proceed was refused.

Court Disposition

Permission refused

Orders

  • Permission to apply for judicial review refused
  • Costs awarded to the Secretary of State against the claimant in the sum of £1,080