Hare v Leeds City Council & Anor

The claim disclosed no reasonable grounds and had no real factual basis; therefore, it had no prospect of success and must be struck out. Permission to appeal was refused.

Parties: Claimant/appellant: Margaret Hare; Defendant/respondent: Leeds City Council; Defendant/respondent: West Yorkshire Police
Jurisdiction: England and Wales
Judgment Date: 04 March 2005
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Permission to appeal refused
Legal Topics: Striking Out of Claim, Reasonable Grounds for Bringing a Claim, Litigants in Person, Article 8 ECHR, Protocol 1 Article 1 ECHR

Civil Procedure Human Rights Striking Out of Claim Reasonable Grounds for Bringing a Claim Litigants in Person Article 8 ECHR Protocol 1 Article 1 ECHR

Case Brief

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Parties

Margaret Hare

Claimant/appellant

Leeds City Council

Defendant/respondent

West Yorkshire Police

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the statement of case disclosed reasonable grounds for bringing the claim
2 Whether the claim had any real prospect of success
3 Whether the claimant's human rights were breached

Ratio Decidendi

The claim disclosed no reasonable grounds and had no real factual basis; therefore, it had no prospect of success and must be struck out. Permission to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

Application for permission to appeal is refused