V, R (on the application of) v Cumbria County Council

The liberty to apply procedure is unsuitable for resolving substantive factual disputes or enforcing alleged continuing breaches of statutory duty in judicial review; any further disputes should be pursued by a fresh application for judicial review.

Parties: Claimant: The Queen on the application of V (by her mother and litigation friend M); Defendant: Cumbria County Council
Jurisdiction: England and Wales
Judgment Date: 07 February 2003
Procedural Posture: Judicial Review / Application Under Liberty to Apply Following Prior Judgment
Outcome: Application under liberty to apply dismissed; no substantive order made except discharge of liberty to apply paragraph.
Legal Topics: Special Educational Needs, Judicial Review Procedure, Statutory Duty, Costs Orders

Administrative Law Education Law Special Educational Needs Judicial Review Procedure Statutory Duty Costs Orders

Case Brief

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Parties

The Queen on the application of V (by her mother and litigation friend M)

Claimant

Cumbria County Council

Defendant

Procedural Posture

Judicial Review / Application Under Liberty to Apply Following Prior Judgment

Legal Issues

1 Whether the liberty to apply procedure is appropriate for enforcing alleged breaches of statutory duty in judicial review
2 Whether Cumbria County Council complied with the detailed orders regarding V's special educational needs

Ratio Decidendi

Court Disposition

Application under liberty to apply dismissed; no substantive order made except discharge of liberty to apply paragraph.

Orders

Paragraph seven of Jackson J's order (liberty to apply) discharged.
Order for costs: claimant to pay defendant's costs, not to be enforced without leave of the court.