Attorney General, R (on the application of) v Cameron
The court held that the application by Sheila Cameron was misconceived on both grounds: the Treasury Solicitor had authority to act for the Attorney General, and CPR Part 8 was the required procedure for section 42 applications. The application was dismissed and costs were awarded against the defendant.
- Parties
- Claimant: Attorney General; Defendant: Sheila Cameron
- Jurisdiction
- England and Wales
- Judgment Date
- 15 July 2003
- Procedural Posture
- Judicial Review Application / Interlocutory Application Ruling
- Outcome
- Application dismissed; costs awarded against defendant
- Legal Topics
- Vexatious Litigant Proceedings, Civil Procedure Rules Part 8 Vs Part 7, Authority of Treasury Solicitor, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Claimant
Sheila Cameron
Defendant
Procedural Posture
Judicial Review Application / Interlocutory Application Ruling
Legal Issues
- 1 Whether the Treasury Solicitor had authority to act for the Attorney General
- 2 Whether proceedings under section 42 of the Supreme Court Act 1981 should be brought under CPR Part 8 or Part 7
- 3 Whether costs should be awarded against the defendant for the application
Ratio Decidendi
The court held that the application by Sheila Cameron was misconceived on both grounds: the Treasury Solicitor had authority to act for the Attorney General, and CPR Part 8 was the required procedure for section 42 applications. The application was dismissed and costs were awarded against the defendant.
Court Disposition
Application dismissed; costs awarded against defendant
Orders
- Section 42 proceedings are properly constituted and should proceed under CPR Part 8.
- Defendant to pay claimant's costs assessed at £500.
Full Case Text
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