BG & Anor, R (On the Application Of) v Suffolk County Council (Consequentials) [2022] EWCA Civ 1053 (26 July 2022)

BG & Anor, R (On the Application Of) v Suffolk County Council (Consequentials) [2022] EWCA Civ 1053 (26 July 2022)

The court quashed the appellant's decision dated 12 November 2020 to rectify an error in the previous order, but refused to grant restitution as the claim was not pleaded or raised before Lang J or in earlier proceedings.

Citation
[2022] EWCA Civ 1053
Parties
Claimant/respondent: BG (by his mother and litigation friend SQ); Claimant/respondent: KG (by his mother and litigation friend SQ); Defendant/appellant: Suffolk County Council
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
Judicial Review / Appeal Consequentials Judgment
Outcome
Appellant's decision quashed; restitution claim refused.
Legal Topics
Quashing Orders, Restitution, Judicial Review Procedure
Administrative Law Quashing Orders Restitution Judicial Review Procedure

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 2 Party arguments 2
Sign in to unlock

Parties

BG (by his mother and litigation friend SQ)

Claimant/respondent

KG (by his mother and litigation friend SQ)

Claimant/respondent

Suffolk County Council

Defendant/appellant

Procedural Posture

Judicial Review / Appeal Consequentials Judgment

Legal Issues

  1. 1 Whether the court should quash the appellant's decision dated 12 November 2020
  2. 2 Whether respondents are entitled to payment of sums allegedly lost due to the quashed decision

Ratio Decidendi

The court quashed the appellant's decision dated 12 November 2020 to rectify an error in the previous order, but refused to grant restitution as the claim was not pleaded or raised before Lang J or in earlier proceedings.

Court Disposition

Appellant's decision quashed; restitution claim refused.

Orders

  • Decision dated 12 November 2020 quashed
  • No order for payment of sums allegedly lost