J, R (On the Application Of) v Leicestershire County Council

J, R (On the Application Of) v Leicestershire County Council

Where parties to judicial review proceedings have resolved their dispute and there is no live issue, the Tribunal is not obliged to grant declaratory or other relief, and the refusal to do so is a proper exercise of discretion.

Parties
Claimant: J; Respondent: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Judicial Review / Appeal From Upper Tribunal (immigration and Asylum Chamber) to Court of Appeal
Outcome
Appeal dismissed; permission to appeal refused
Legal Topics
Age Assessment, Judicial Review Remedies, Discretionary Relief, Declarations in Rem, Children Act 1989 Services
Administrative Law Immigration Law Child Law Age Assessment Judicial Review Remedies Discretionary Relief Declarations in Rem Children Act 1989 Services

Case Brief

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Parties

J

Claimant

Leicestershire County Council

Respondent

Procedural Posture

Judicial Review / Appeal From Upper Tribunal (immigration and Asylum Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal judge erred in refusing to grant declaratory or other relief after parties agreed on the claimant's age
  2. 2 Whether the Tribunal was obliged to make a finding or declaration as to the claimant's age despite the absence of a live dispute
  3. 3 Whether a declaration would operate in rem and bind the Secretary of State

Ratio Decidendi

Where parties to judicial review proceedings have resolved their dispute and there is no live issue, the Tribunal is not obliged to grant declaratory or other relief, and the refusal to do so is a proper exercise of discretion.

Court Disposition

Appeal dismissed; permission to appeal refused