Senior-Milne, R (on the application of) v HM Treasury (Rev 1)

Senior-Milne, R (on the application of) v HM Treasury (Rev 1)

The claimant failed to comply with clear and valid unless orders requiring a full and satisfactory explanation for non-attendance supported by medical evidence. The orders were enforceable regardless of sealing, and the claimant's submissions did not satisfy the requirements. The applications to set aside the dismissal orders are dismissed.

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 Set Aside Dismissal Orders
Outcome
Applications dismissed
Legal Topics
Judicial Review, Civil Restraint Orders, Compliance With Court Orders, Costs
Civil Procedure Administrative Law Judicial Review Civil Restraint Orders Compliance With Court Orders Costs

Case Brief

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Parties

Graham Nassau Gordon Senior-Milne

Claimant

HM Treasury

Defendant

Procedural Posture

Judicial Review / Application to Set Aside Dismissal Orders

Legal Issues

  1. 1 Whether the orders dismissing the claimant's claims for non-compliance were valid and enforceable
  2. 2 Whether the claimant complied with the unless orders requiring medical evidence
  3. 3 Whether the claimant's applications to set aside the dismissal orders should be granted

Ratio Decidendi

The claimant failed to comply with clear and valid unless orders requiring a full and satisfactory explanation for non-attendance supported by medical evidence. The orders were enforceable regardless of sealing, and the claimant's submissions did not satisfy the requirements. The applications to set aside the dismissal orders are dismissed.

Court Disposition

Applications dismissed

Orders

  • Both applications by Mr Senior-Milne are dismissed
  • Submissions to be heard on costs and on the imposition of an extended civil restraint order