Carnell, R (on the application of) v Regents Park College & Anor

Carnell, R (on the application of) v Regents Park College & Anor

Permission for judicial review is refused because the Claimant had an effective alternative remedy through the Office of the Independent Adjudicator (OIA), which he failed to pursue. The circumstances are not exceptional to justify judicial review where the alternative remedy is no longer available due to the Claimant's own choices.

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
Outcome
Permission for judicial review refused
Legal Topics
Judicial Review, Alternative Remedies, Natural Justice, Bias, Disciplinary Procedures, Article 6 ECHR
Administrative Law Education Law Human Rights Judicial Review Alternative Remedies Natural Justice Bias Disciplinary Procedures +1 more

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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

Legal Issues

  1. 1 Whether the disciplinary procedure adopted by Regents Park College breached natural justice and Article 6 ECHR
  2. 2 Whether the Conference of Colleges Appeal Tribunal (CCAT) properly considered the evidence and credibility of witnesses
  3. 3 Whether judicial review should be permitted where an alternative remedy existed but is no longer available

Ratio Decidendi

Permission for judicial review is refused because the Claimant had an effective alternative remedy through the Office of the Independent Adjudicator (OIA), which he failed to pursue. The circumstances are not exceptional to justify judicial review where the alternative remedy is no longer available due to the Claimant's own choices.

Court Disposition

Permission for judicial review refused