Proud, R (on the application of) v Buckingham Pubwatch Scheme & Anor

Proud, R (on the application of) v Buckingham Pubwatch Scheme & Anor

The Buckingham Pubwatch Scheme is not a public body, does not exercise public functions, and is not amenable to judicial review or the Human Rights Act. The claim is unarguable and falls outside the scope of court intervention.

Parties
Claimant: Matthew Proud; Defendant: Buckingham Pubwatch Scheme; Interested Party: Tony Diston
Jurisdiction
England and Wales
Judgment Date
14 August 2008
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review refused
Legal Topics
Justiciability, Judicial Review, Public Function Under Human Rights Act, Licensing Law, Costs
Administrative Law Human Rights Justiciability Judicial Review Public Function Under Human Rights Act Licensing Law Costs

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Parties

Matthew Proud

Claimant

Buckingham Pubwatch Scheme

Defendant

Tony Diston

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the decision of the Buckingham Pubwatch Scheme is amenable to judicial review
  2. 2 Whether the Pubwatch Scheme exercises public functions under section 6 of the Human Rights Act 1998
  3. 3 Whether the claimant has an effective remedy in private law

Ratio Decidendi

The Buckingham Pubwatch Scheme is not a public body, does not exercise public functions, and is not amenable to judicial review or the Human Rights Act. The claim is unarguable and falls outside the scope of court intervention.

Court Disposition

Permission to apply for judicial review refused

Orders

  • No order as to costs