Bolger, R (on the application of) v Surrey Valuation Tribunal & Anor

Bolger, R (on the application of) v Surrey Valuation Tribunal & Anor

The application for judicial review fails because the complaints relate to factual disagreements, which are not grounds for judicial review. No jurisdictional or procedural error was shown.

Parties
Claimant: John Francis Bolger; First Defendant: Surrey Valuation Tribunal; Second Defendant: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Judicial Review / Renewed Application, Post Paper Refusal
Outcome
application refused
Legal Topics
Judicial Review, Council Tax Valuation, Costs in Judicial Review
Administrative Law Tax Law Judicial Review Council Tax Valuation Costs in Judicial Review

Case Brief

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Parties

John Francis Bolger

Claimant

Surrey Valuation Tribunal

First Defendant

HM Revenue & Customs

Second Defendant

Procedural Posture

Judicial Review / Renewed Application, Post Paper Refusal

Legal Issues

  1. 1 Whether the Valuation Tribunal's decision on council tax banding was amenable to judicial review
  2. 2 Whether there was procedural unfairness or jurisdictional error justifying quashing the Tribunal's decision
  3. 3 Entitlement to costs for acknowledgment of service

Ratio Decidendi

The application for judicial review fails because the complaints relate to factual disagreements, which are not grounds for judicial review. No jurisdictional or procedural error was shown.

Court Disposition

application refused

Orders

  • Claimant to pay £500 towards costs of second defendant for acknowledgment of service.