James, R (On The Application Of) v Joint Disciplinary Scheme [2001] EWHC Admin 1068 (20th December, 2001)

James, R (On The Application Of) v Joint Disciplinary Scheme [2001] EWHC Admin 1068 (20th December, 2001)

The sum in court was paid pending domestic appeals, which have been exhausted; the Defendant is entitled to payment of its costs and no good reason exists to delay payment pending European proceedings.

Source-derived case information.

Citation
[2001] EWHC Admin 1068
Parties
Claimant: Gerald Reaveley James; Defendant: Joint Disciplinary Scheme
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Post Refusal of Leave to Appeal; Application for Retention of Funds Pending European Proceedings
Outcome
Defendant's application granted; Claimant's application refused.
Legal Topics
Judicial Review, Costs, Appeals, Retention of Funds
Administrative Law Civil Procedure Judicial Review Costs Appeals Retention of Funds

Source-derived case record

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Parties

Gerald Reaveley James

Claimant

Joint Disciplinary Scheme

Defendant

Procedural Posture

Judicial Review / Post Refusal of Leave to Appeal; Application for Retention of Funds Pending European Proceedings

Legal Issues

  1. 1 Whether the sum paid into court should remain pending application to the European Court of Human Rights
  2. 2 Whether the Defendant is entitled to payment of its costs after exhaustion of domestic remedies

Ratio Decidendi

The sum in court was paid pending domestic appeals, which have been exhausted; the Defendant is entitled to payment of its costs and no good reason exists to delay payment pending European proceedings.

Court Disposition

Defendant's application granted; Claimant's application refused.

Orders

  • The sum of £4,700 paid into court to be paid out immediately to the Defendant.