Pelling v Head of Civil Appeals

Pelling v Head of Civil Appeals

The Administrative Court had no jurisdiction to review the decision of a court officer of the Court of Appeal, and Dr Pelling had an alternative remedy by way of reconsideration by a judge of the Court of Appeal. The correct procedure was to seek reconsideration within the Court of Appeal, not judicial review.

Parties
Claimant/appellant: Michael John Pelling; Defendant/respondent: Head of Civil Appeals
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Civil / Appeal From Administrative Court; Applications for Permission to Appeal and for Reconsideration
Outcome
Application for permission to appeal refused; application for reconsideration allowed; permission to file application notice granted.
Legal Topics
Injunction Discharge, Judicial Review, Court Officer Decisions, Anonymity Orders
Civil Procedure Family Law Administrative Law Injunction Discharge Judicial Review Court Officer Decisions Anonymity Orders

Case Brief

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Parties

Michael John Pelling

Claimant/appellant

Head of Civil Appeals

Defendant/respondent

Procedural Posture

Civil / Appeal From Administrative Court; Applications for Permission to Appeal and for Reconsideration

Legal Issues

  1. 1 Whether the Administrative Court had jurisdiction to review a decision of a court officer of the Court of Appeal
  2. 2 Whether there was an alternative remedy available to the applicant
  3. 3 Whether the 1996 injunction should be discharged or set aside

Ratio Decidendi

The Administrative Court had no jurisdiction to review the decision of a court officer of the Court of Appeal, and Dr Pelling had an alternative remedy by way of reconsideration by a judge of the Court of Appeal. The correct procedure was to seek reconsideration within the Court of Appeal, not judicial review.

Court Disposition

Application for permission to appeal refused; application for reconsideration allowed; permission to file application notice granted.

Orders

  • Application for permission to appeal against Leveson J's judgment refused.
  • Application for reconsideration of Deputy Master Di Mambro's order allowed.