Kumar, R (on the application of) v The Home Office [2004] EWHC 654 (Admin) (18 February 2004)

Judicial review is manifestly an abuse of process where the claimant has a right of appeal against the orders challenged; the court's jurisdiction should not be exercised in such circumstances.

Citation: [2004] EWHC 654 (Admin)
Parties: Claimant: Mr Kumar; First Defendant: The Lord Chancellor's Department; Second Defendant: The Home Office
Jurisdiction: England and Wales
Judgment Date: 18 February 2004
Procedural Posture: Judicial Review / Renewed Application for Permission
Outcome: application refused
Legal Topics: Abuse of Process, Right of Appeal, Natural Justice

Civil Procedure Judicial Review Abuse of Process Right of Appeal Natural Justice

Case Brief

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Parties

Mr Kumar

Claimant

The Lord Chancellor's Department

First Defendant

The Home Office

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether judicial review is appropriate where a right of appeal exists
2 Whether the orders made in the civil actions were unlawful or breached natural justice

Ratio Decidendi

Judicial review is manifestly an abuse of process where the claimant has a right of appeal against the orders challenged; the court's jurisdiction should not be exercised in such circumstances.

Court Disposition

application refused

Orders

Application for judicial review refused