Cukurova Finance International Ltd & Anor, R (on the application of) v HM Treasury & Anor [2008] EWHC 2567 (Admin) (29 September 2008)

Cukurova Finance International Ltd & Anor, R (on the application of) v HM Treasury & Anor [2008] EWHC 2567 (Admin) (29 September 2008)

The application for judicial review was not brought promptly or within three months of the grounds arising, as the grounds arose when the Regulations came into force in 2003. Cukurova's delay of over four years, reliance on the Regulations in prior litigation, and the potential prejudice to settled commercial arrangements weigh strongly against granting an extension of time. The public importance of the vires issue does not outweigh these factors. Permission to apply for judicial review is refused.

Citation
[2008] EWHC 2567 (Admin)
Parties
Claimant: Cukurova Finance International Limited; Claimant: Cukurova Holding A. S.; Defendant: H. M. Treasury; Interested Party: Alfa Telecom Turkey Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2008
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission refused
Legal Topics
Ultra Vires Challenge, Implementation of EU Directives, Judicial Review Time Limits, Financial Collateral Arrangements
Administrative Law European Union Law Financial Regulation Ultra Vires Challenge Implementation of EU Directives Judicial Review Time Limits Financial Collateral Arrangements

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Parties

Cukurova Finance International Limited

Claimant

Cukurova Holding A. S.

Claimant

H. M. Treasury

Defendant

Alfa Telecom Turkey Limited

Interested Party

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the Financial Collateral Arrangements Regulations 2003 were made ultra vires section 2(2)(b) of the European Communities Act 1972
  2. 2 Whether the application for judicial review was brought within the permitted time or whether time should be extended

Ratio Decidendi

The application for judicial review was not brought promptly or within three months of the grounds arising, as the grounds arose when the Regulations came into force in 2003. Cukurova's delay of over four years, reliance on the Regulations in prior litigation, and the potential prejudice to settled commercial arrangements weigh strongly against granting an extension of time. The public importance of the vires issue does not outweigh these factors. Permission to apply for judicial review is refused.

Court Disposition

Permission refused

Orders

  • Permission to apply for judicial review is refused.