Carnell, R (on the application of) v Regents Park College & Anor [2008] EWHC 739 (Admin) (07 April 2008)

Carnell, R (on the application of) v Regents Park College & Anor [2008] EWHC 739 (Admin) (07 April 2008)

Permission for judicial review is refused because an adequate alternative remedy (the OIA scheme) was available to the claimant, and the circumstances are not exceptional to justify judicial review where the claimant's own choices rendered the alternative remedy unavailable.

Source-derived case information.

Citation
[2008] EWHC 739 (Admin)
Parties
Claimant: Richard Carnell; First Defendant: Regents Park College; Second Defendant: Conference of Colleges Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
07 April 2008
Procedural Posture
Judicial Review / Permission Application (oral Hearing)
Outcome
Permission for judicial review refused
Legal Topics
Judicial Review, Alternative Remedy, Natural Justice, Bias, Disciplinary Procedures, Article 6 ECHR, Standard of Proof
Administrative Law Education Law Human Rights Judicial Review Alternative Remedy Natural Justice Bias Disciplinary Procedures +2 more

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Summary, issues, holding and outcome

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Parties

Richard Carnell

Claimant

Regents Park College

First Defendant

Conference of Colleges Appeal Tribunal

Second Defendant

Procedural Posture

Judicial Review / Permission Application (oral Hearing)

Legal Issues

  1. 1 Whether the disciplinary procedure at Regents Park College breached natural justice and Article 6 ECHR
  2. 2 Whether the Conference of Colleges Appeal Tribunal erred in its assessment of evidence and credibility
  3. 3 Whether judicial review should be permitted where an alternative remedy (OIA) was available but is now time-barred

Ratio Decidendi

Permission for judicial review is refused because an adequate alternative remedy (the OIA scheme) was available to the claimant, and the circumstances are not exceptional to justify judicial review where the claimant's own choices rendered the alternative remedy unavailable.

Court Disposition

Permission for judicial review refused