BAA, R (on the application of) v Liverpool City Council

The balance of convenience, considering the weakness of the Claimant's case and public interest, favours refusing interlocutory relief; the interim order requiring the Defendant to treat the Claimant as a child and provide support is discharged.

Parties: Claimant: BAA; Defendant: Liverpool City Council
Jurisdiction: England and Wales
Judgment Date: 08 February 2023
Procedural Posture: Judicial Review / Application to Set Aside Interim Relief Order
Outcome: Order of 14 October 2022 discharged; interim relief refused.
Legal Topics: Age Assessment, Interim Relief, Mandatory Injunction, Balance of Convenience, Procedural Fairness

Administrative Law Immigration Law Local Government Law Age Assessment Interim Relief Mandatory Injunction Balance of Convenience Procedural Fairness

Case Brief

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Parties

BAA

Claimant

Liverpool City Council

Defendant

Procedural Posture

Judicial Review / Application to Set Aside Interim Relief Order

Legal Issues

1 Whether the interim relief order requiring the Defendant to treat the Claimant as a child and provide support should be set aside
2 Whether the Claimant's case meets the threshold for interlocutory relief
3 Adequacy and fairness of the Defendant's age assessment procedure

Ratio Decidendi

Court Disposition

Order of 14 October 2022 discharged; interim relief refused.

Orders

Current order remains in force until 4pm on 24 February 2023 to permit phased discharge.
No order as to costs.