Kelway, R (on the application of) v Canon (UK) Ltd

Kelway, R (on the application of) v Canon (UK) Ltd

All applications by the claimant were dismissed as totally without merit. The judge found no evidence of bias or procedural unfairness, no grounds for recusal, no merit or prospects of success in any renewed permission applications or proposed amendments, and imposed a general civil restraint order for two years due...

Source-derived case information.

Parties
Claimant: Dr Peter S Kelway; Defendant: Independent Police Complaints Commission; Interested Party: Chief Constable of Northumbria Police; Interested Party: Canon (UK) Limited; Defendant: Newcastle-upon-Tyne Combined Court
Jurisdiction
England and Wales
Judgment Date
20 August 2013
Procedural Posture
Judicial Review / Judgment on Renewed Permission Applications, Recusal, Amendment, and Civil Restraint Order
Outcome
All applications dismissed as totally without merit; general civil restraint order imposed.
Legal Topics
Recusal of Judge, Civil Restraint Orders, Costs Assessment, Delay and Limitation, Bias and Fair Hearing, Police Complaints, Article 6 ECHR, Procedural Irregularity
Civil Procedure Judicial Review Human Rights Police Law Recusal of Judge Civil Restraint Orders Costs Assessment Delay and Limitation +4 more

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Summary, issues, holding and outcome

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Parties

Dr Peter S Kelway

Claimant

Independent Police Complaints Commission

Defendant

Chief Constable of Northumbria Police

Interested Party

Canon (UK) Limited

Interested Party

Newcastle-upon-Tyne Combined Court

Defendant

Procedural Posture

Judicial Review / Judgment on Renewed Permission Applications, Recusal, Amendment, and Civil Restraint Order

Legal Issues

  1. 1 Whether the judge should recuse himself for alleged bias and procedural irregularity
  2. 2 Whether permission should be granted to amend the judicial review claim
  3. 3 Whether renewed permission applications for judicial review should be allowed

Ratio Decidendi

All applications by the claimant were dismissed as totally without merit. The judge found no evidence of bias or procedural unfairness, no grounds for recusal, no merit or prospects of success in any renewed permission applications or proposed amendments, and imposed a general civil restraint order for two years due to persistent meritless litigation and abuse of process.

Court Disposition

All applications dismissed as totally without merit; general civil restraint order imposed.

Orders

  • Recusal application dismissed
  • Application to amend claim dismissed