Jopling, R (on the application of) v Child Maintenance and Enforcement Commission
The Commission's duty under section 2 of the Child Support Act 1991 is ongoing, but in this case, after consideration by senior officers, there is no real prospect of substantive relief; permission for judicial review is refused.
- Parties
- Claimant: Jopling; Defendant: Child Maintenance and Enforcement Commission
- Jurisdiction
- England and Wales
- Judgment Date
- 29 January 2010
- Procedural Posture
- Judicial Review / Permission Hearing (rolled Up)
- Outcome
- Permission for judicial review refused
- Legal Topics
- Child Support, Judicial Review, Limitation Periods, Welfare of Children, Human Rights Act, Costs
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jopling
Claimant
Child Maintenance and Enforcement Commission
Defendant
Procedural Posture
Judicial Review / Permission Hearing (rolled Up)
Legal Issues
- 1 Whether the Commission complied with its duty under section 2 of the Child Support Act 1991 to consider the welfare of affected children
- 2 Whether the limitation period for recovery of arrears had expired
- 3 Whether the decision to pursue arrears was an abuse of process
Ratio Decidendi
The Commission's duty under section 2 of the Child Support Act 1991 is ongoing, but in this case, after consideration by senior officers, there is no real prospect of substantive relief; permission for judicial review is refused.
Court Disposition
Permission for judicial review refused
Orders
- Transcript to be produced at public expense
- Claimant to pay £2,000 towards defendant's costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment