Babalola, R (on the application of) v Bromley County Court

There is no arguable ground for judicial review as the County Court's decision does not fall within the highly exceptional category required for such intervention.

Parties: Claimant: Babalola; Defendant: Bromley County Court; Interested Party: Kevin Smith; Interested Party: Emilia Nella
Jurisdiction: England and Wales
Judgment Date: 16 June 2015
Procedural Posture: Judicial Review / Application for Permission
Outcome: application dismissed
Legal Topics: Interim Injunction, Costs, Appeal Procedure, Exceptional Cases, Error of Law

Civil Procedure Judicial Review Interim Injunction Costs Appeal Procedure Exceptional Cases Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Babalola

Claimant

Bromley County Court

Defendant

Kevin Smith

Interested Party

Emilia Nella

Interested Party

Procedural Posture

Judicial Review / Application for Permission

Legal Issues

1 Whether there was an arguable error of law in the County Court's decision
2 Whether judicial review is permissible in this case
3 Whether costs awarded were disproportionate

Ratio Decidendi

There is no arguable ground for judicial review as the County Court's decision does not fall within the highly exceptional category required for such intervention.

Court Disposition

application dismissed

Orders

Permission to bring judicial review refused
Expedited transcript of judgment granted at public expense