Herron, R (on the application of) v Parking Adjudicator

Herron, R (on the application of) v Parking Adjudicator

The adjournment is granted to allow the claimant to amend the claim and provide further particulars, as clarity is needed regarding the errors of law alleged and the submissions before the adjudicator. The claimant is liable for wasted costs occasioned by the adjournment.

Parties
Claimant: The Queen on the Application of Herron; Defendant: The Parking Adjudicator
Jurisdiction
England and Wales
Judgment Date
06 May 2009
Procedural Posture
Judicial Review / Application for Adjournment
Outcome
Adjournment granted; permission to amend claim form; claimant liable for wasted costs occasioned by adjournment.
Legal Topics
Adjournment, Amendment of Claim, Wasted Costs, Reasons Challenge, Regulation 4, Impartiality
Administrative Law Adjournment Amendment of Claim Wasted Costs Reasons Challenge Regulation 4 Impartiality

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Parties

The Queen on the Application of Herron

Claimant

The Parking Adjudicator

Defendant

Procedural Posture

Judicial Review / Application for Adjournment

Legal Issues

  1. 1 Whether the claimant should be granted an adjournment to amend the claim and provide further particulars
  2. 2 Whether the claimant is liable for wasted costs occasioned by the adjournment
  3. 3 Whether the claim sufficiently particularises alleged errors of law in the adjudicator's decision

Ratio Decidendi

The adjournment is granted to allow the claimant to amend the claim and provide further particulars, as clarity is needed regarding the errors of law alleged and the submissions before the adjudicator. The claimant is liable for wasted costs occasioned by the adjournment.

Court Disposition

Adjournment granted; permission to amend claim form; claimant liable for wasted costs occasioned by adjournment.

Orders

  • Permission granted to amend claim form within seven days, limited to points identified in judgment.
  • Claimant to produce revised document within 14 days setting out main points and relevant documents.