Bates & Anor, R (on the application of) v Langstaff [2019] EWHC 3238 (Admin) (07 November 2019)
The Chairman correctly applied Rule 7 of the Inquiry Rules 2006, which mandates joint legal representation for core participants with similar interests, and there was no error of law or irrationality in refusing to designate MLaw as the Claimants' recognised legal representative.
- Citation
- [2019] EWHC 3238 (Admin)
- Parties
- Claimant: Frederick Bates; Claimant: Eleanor Bates; Defendant: Sir Brian Langstaff
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2019
- Procedural Posture
- Judicial Review / Renewed Application for Permission for Judicial Review
- Outcome
- Application dismissed
- Legal Topics
- Inquiries Act 2005, Inquiry Rules 2006, Judicial Review, Core Participant Status, Legal Representation in Public Inquiries
Case Brief
Summary, issues, holding and outcome
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Parties
Frederick Bates
Claimant
Eleanor Bates
Claimant
Sir Brian Langstaff
Defendant
Procedural Posture
Judicial Review / Renewed Application for Permission for Judicial Review
Legal Issues
- 1 Whether the Chairman of the Infected Blood Inquiry misinterpreted or misapplied Rule 7 of the Inquiry Rules 2006 in refusing to designate MLaw as the Claimants' recognised legal representative
- 2 Whether the Chairman's decision was irrational in the public law sense
Ratio Decidendi
The Chairman correctly applied Rule 7 of the Inquiry Rules 2006, which mandates joint legal representation for core participants with similar interests, and there was no error of law or irrationality in refusing to designate MLaw as the Claimants' recognised legal representative.
Court Disposition
Application dismissed
Orders
- Permission for judicial review refused
- Defendant awarded costs of preparing the acknowledgement of service but not for appearance
Full Case Text
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