Fergus, R (on the application of) v Shoreditch County Court & Anor

Fergus, R (on the application of) v Shoreditch County Court & Anor

The Administrative Court has no jurisdiction to review or undermine the order of Judge Latham of 24 October 2005; the only route for challenge was by appeal, which was not pursued. The proceedings disclose no cause of action and constitute an abuse of process.

Parties
Claimant: John Fergus; Defendant: Shoreditch County Court; Defendant: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
24 February 2006
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Application for permission to apply for judicial review dismissed
Legal Topics
Abuse of Process, Jurisdiction, Appeals, Civil Restraint Orders
Civil Procedure Judicial Review Abuse of Process Jurisdiction Appeals Civil Restraint Orders

Case Brief

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Parties

John Fergus

Claimant

Shoreditch County Court

Defendant

London Borough of Hackney

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Administrative Court has jurisdiction to review or undermine the order of Judge Latham of 24 October 2005
  2. 2 Whether the proceedings disclose a cause of action or constitute an abuse of process

Ratio Decidendi

The Administrative Court has no jurisdiction to review or undermine the order of Judge Latham of 24 October 2005; the only route for challenge was by appeal, which was not pursued. The proceedings disclose no cause of action and constitute an abuse of process.

Court Disposition

Application for permission to apply for judicial review dismissed

Orders

  • Application for permission to apply for judicial review dismissed
  • Application for Civil Restraint Order adjourned to be heard with Queen's Bench appeal