Kevin Charles Godin-Prior, R (on the application of) v Secretary Of State For Transport & Anor

Kevin Charles Godin-Prior, R (on the application of) v Secretary Of State For Transport & Anor

The claim for judicial review was dismissed because the claimant had access to and used the statutory appeal process, which provided a full merits review of the revocation decision, and there was no arguable public law error or procedural unfairness. Further, the claim was brought with undue delay, and there was no justification for extending time. The costs order in favour of the Secretary of State was upheld, and no further costs order was made in favour of the Police.

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 for Judicial Review
Outcome
Permission for judicial review refused; claim dismissed.
Legal Topics
Revocation of Driving Licence, Disability and Fitness to Drive, Statutory Appeal, Alternative Remedies, Costs in Judicial Review
Administrative Law Judicial Review Road Traffic Revocation of Driving Licence Disability and Fitness to Drive Statutory Appeal Alternative Remedies Costs in Judicial Review

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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 for Judicial Review

Legal Issues

  1. 1 Whether the revocation of the claimant's driving licence was lawful and procedurally fair
  2. 2 Whether the claimant was denied a fair opportunity to respond to DVLA inquiries
  3. 3 Whether judicial review is appropriate given available statutory remedies

Ratio Decidendi

The claim for judicial review was dismissed because the claimant had access to and used the statutory appeal process, which provided a full merits review of the revocation decision, and there was no arguable public law error or procedural unfairness. Further, the claim was brought with undue delay, and there was no justification for extending time. The costs order in favour of the Secretary of State was upheld, and no further costs order was made in favour of the Police.

Court Disposition

Permission for judicial review refused; claim dismissed.

Orders

  • Claimant's renewed application for permission for judicial review is dismissed.
  • Order that the claimant pay the Secretary of State's costs summarily assessed at £1,800 stands.