Deutsch, R (On the Application Of) v Hackney [2003] EWHC 2692 (Admin) (14 November 2003)

Deutsch, R (On the Application Of) v Hackney [2003] EWHC 2692 (Admin) (14 November 2003)

A challenge to the authority of the maker of a designation order is a challenge to its validity and must be made within six weeks under Part VI of Schedule 9 of the Road Traffic Regulation Act 1984. After that period, the order cannot be questioned in any legal proceedings.

Source-derived case information.

Citation
[2003] EWHC 2692 (Admin)
Parties
Claimant: The Queen on the Application of Deutsch; Defendant: LB Hackney
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Ouster Clauses, Delegation of Authority, Traffic Regulation Orders
Administrative Law Local Government Law Judicial Review Ouster Clauses Delegation of Authority Traffic Regulation Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen on the Application of Deutsch

Claimant

LB Hackney

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the designation order was made without proper authority
  2. 2 Whether the ouster clause in Part VI of Schedule 9 of the Road Traffic Regulation Act 1984 bars the challenge
  3. 3 Whether procedural defects invalidate the order outside the statutory time limit

Ratio Decidendi

A challenge to the authority of the maker of a designation order is a challenge to its validity and must be made within six weeks under Part VI of Schedule 9 of the Road Traffic Regulation Act 1984. After that period, the order cannot be questioned in any legal proceedings.

Court Disposition

Application for judicial review dismissed