Budheo, R (On the Application Of) v Revenue & Customs

There was no legitimate basis for extending time; the application was not brought promptly as required, and the claimant had no reasonable prospect of success on Article 6 or irrationality grounds.

Parties: Claimant: Budheo; Defendant: HM Revenue & Customs
Jurisdiction: England and Wales
Judgment Date: 06 December 2016
Procedural Posture: Judicial Review / Application for Permission
Outcome: Application for permission refused
Legal Topics: Extension of Time, Promptness in Judicial Review, Article 6 ECHR, Code of Practice 9 (cop 9)

Administrative Law Extension of Time Promptness in Judicial Review Article 6 ECHR Code of Practice 9 (cop 9)

Case Brief

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Parties

Budheo

Claimant

HM Revenue & Customs

Defendant

Procedural Posture

Judicial Review / Application for Permission

Legal Issues

1 Whether there is a legitimate basis for extension of time to bring judicial review
2 Whether the claimant's Article 6 rights were breached
3 Whether the decision to initiate Cop 9 was irrational

Ratio Decidendi

There was no legitimate basis for extending time; the application was not brought promptly as required, and the claimant had no reasonable prospect of success on Article 6 or irrationality grounds.

Court Disposition

Application for permission refused