Gorczak, R (on the application of) v Secretary of State for the Home Department

Gorczak, R (on the application of) v Secretary of State for the Home Department

The Judicial Appointments Commission is lawfully entitled to adopt and apply the six-plus penalty points policy to maintain public confidence in the judiciary, and exercised its discretion properly; the decision that Mr Jones was not of good character was not irrational.

Parties
Claimant: Graham Stuart Jones; Defendant: Judicial Appointments Commission
Jurisdiction
England and Wales
Judgment Date
14 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Good Character Requirement, Judicial Selection, Rationality of Administrative Decisions
Administrative Law Judicial Appointments Good Character Requirement Judicial Selection Rationality of Administrative Decisions

Case Brief

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Parties

Graham Stuart Jones

Claimant

Judicial Appointments Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the JAC's six-plus penalty points policy is rational and lawful under section 63(3) of the Constitutional Reform Act 2005
  2. 2 Whether the JAC properly exercised its discretion under the policy
  3. 3 Whether the decision that Mr Jones was not of good character was irrational

Ratio Decidendi

The Judicial Appointments Commission is lawfully entitled to adopt and apply the six-plus penalty points policy to maintain public confidence in the judiciary, and exercised its discretion properly; the decision that Mr Jones was not of good character was not irrational.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review granted
  • Claim for judicial review dismissed