Senior-Milne, R (on the application of) v HM Treasury (Rev 1) [2013] EWHC 1007 (Admin) (26 February 2013)
The claimant failed to comply with clear and valid court orders requiring a satisfactory explanation and medical evidence for his non-attendance; the orders were neither vague nor unenforceable, and the lack of a seal did not affect their validity. Dismissal of the claims was justified.
- Citation
- [2013] EWHC 1007 (Admin)
- Parties
- Claimant: Graham Nassau Gordon Senior-Milne; Defendant: HM Treasury
- Jurisdiction
- England and Wales
- Judgment Date
- 26 February 2013
- Procedural Posture
- Judicial Review / Application to Overturn or Reconsider Dismissal Orders
- Outcome
- Applications dismissed
- Legal Topics
- Judicial Review, Civil Restraint Orders, Relief From Sanctions, Court Orders Validity
Case Brief
Summary, issues, holding and outcome
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Parties
Graham Nassau Gordon Senior-Milne
Claimant
HM Treasury
Defendant
Procedural Posture
Judicial Review / Application to Overturn or Reconsider Dismissal Orders
Legal Issues
- 1 Whether the orders dismissing the claimant's judicial review claims were unlawful or should be quashed
- 2 Whether the orders were too vague or unenforceable
- 3 Whether the claimant complied with the orders requiring medical evidence
Ratio Decidendi
The claimant failed to comply with clear and valid court orders requiring a satisfactory explanation and medical evidence for his non-attendance; the orders were neither vague nor unenforceable, and the lack of a seal did not affect their validity. Dismissal of the claims was justified.
Court Disposition
Applications dismissed
Orders
- Both applications by Mr Senior-Milne are dismissed
- Submissions to be heard on costs and possible extended civil restraint order
Full Case Text
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