Attorney General, R (on the application of) v Cameron

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

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Parties

Attorney General

Claimant

Sheila Cameron

Defendant

Procedural Posture

Judicial Review Application / Interlocutory Application Ruling

  1. 1 Whether the Treasury Solicitor had authority to act for the Attorney General
  2. 2 Whether proceedings under section 42 of the Supreme Court Act 1981 should be brought under CPR Part 8 or Part 7
  3. 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.