Attorney General, R (on the application of) v Cameron [2003] EWHC 2144 (Admin) (15 July 2003)
Applications under section 42 of the Supreme Court Act 1981 are properly constituted under Part 8 of the Civil Procedure Rules, and the defendant's challenges to the procedure and authority were without merit, justifying an order for costs against her.
- Citation
- [2003] EWHC 2144 (Admin)
- Parties
- Claimant: Attorney General; Defendant: Sheila Cameron
- Jurisdiction
- England and Wales
- Judgment Date
- 15 July 2003
- Procedural Posture
- Judicial Review / Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Vexatious Litigation, Civil Procedure Rules, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Claimant
Sheila Cameron
Defendant
Procedural Posture
Judicial Review / Interlocutory Application
Legal Issues
- 1 Whether the Attorney General had authority to pursue proceedings under section 42 of the Supreme Court Act 1981
- 2 Whether proceedings under section 42 should be brought under Part 7 or Part 8 of the Civil Procedure Rules
- 3 Whether the defendant should be permitted to adduce evidence out of time
Ratio Decidendi
Applications under section 42 of the Supreme Court Act 1981 are properly constituted under Part 8 of the Civil Procedure Rules, and the defendant's challenges to the procedure and authority were without merit, justifying an order for costs against her.
Court Disposition
application dismissed
Orders
- Section 42 proceedings to continue under Part 8 procedure
- Defendant to pay claimant's costs assessed at £500
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