Howes, R (on the application of) v Child Support Commissioners & Anor

Howes, R (on the application of) v Child Support Commissioners & Anor

The Commissioner failed to take proper account of the claimant's early attempts to appeal and the procedural confusion, omitting material considerations from the balancing exercise required under regulation 11(3), rendering the decision irrational.

Parties
Claimant: Brian Dimon Peter Howes; Defendant: Child Support Commissioners; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
28 March 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the Child Support Commissioner quashed.
Legal Topics
Judicial Review, Child Support Appeals, Procedural Time Limits, Extension of Time, Special Reasons for Late Appeal
Administrative Law Family Law Judicial Review Child Support Appeals Procedural Time Limits Extension of Time Special Reasons for Late Appeal

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Parties

Brian Dimon Peter Howes

Claimant

Child Support Commissioners

Defendant

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Child Support Commissioner erred in refusing to accept a late application for leave to appeal
  2. 2 Whether the Commissioner failed to consider all material factors in exercising discretion under regulation 11(3) of the Child Support Commissioners (Procedure) Regulations 1999

Ratio Decidendi

The Commissioner failed to take proper account of the claimant's early attempts to appeal and the procedural confusion, omitting material considerations from the balancing exercise required under regulation 11(3), rendering the decision irrational.

Court Disposition

Decision of the Child Support Commissioner quashed.

Orders

  • Matter remitted for further consideration by a Commissioner.
  • Further submissions on disposal invited; parties may agree an order for approval.