Pelling v Head of Civil Appeals [2006] EWCA Civ 697 (09 May 2006)

Pelling v Head of Civil Appeals [2006] EWCA Civ 697 (09 May 2006)

The claimant had an alternative remedy available under CPR 52.16(5) to seek reconsideration by a Court of Appeal judge, and therefore judicial review was not available; the Administrative Court correctly declined jurisdiction.

Citation
[2006] EWCA Civ 697
Parties
Claimant/appellant: Michael John Pelling; Defendant/respondent: Head of Civil Appeals
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Judicial Review and Appeal / Application for Permission to Appeal and Application for Reconsideration
Outcome
Application for permission to appeal refused; application for reconsideration allowed; permission to file application notice granted.
Legal Topics
Injunctions, Anonymity Orders, Judicial Review, Alternative Remedies, Children Act 1989, Contempt of Court
Civil Procedure Family Law Administrative Law Injunctions Anonymity Orders Judicial Review Alternative Remedies Children Act 1989 +1 more

Case Brief

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Parties

Michael John Pelling

Claimant/appellant

Head of Civil Appeals

Defendant/respondent

Procedural Posture

Judicial Review and Appeal / Application for Permission to Appeal and Application for Reconsideration

Legal Issues

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

Ratio Decidendi

The claimant had an alternative remedy available under CPR 52.16(5) to seek reconsideration by a Court of Appeal judge, and therefore judicial review was not available; the Administrative Court correctly declined jurisdiction.

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's order allowed.