Nolson, R (on the application of) v Stevenage Borough Council

Nolson, R (on the application of) v Stevenage Borough Council

The Deputy Judge was wrong to refuse jurisdiction to reconsider the refusal of interim relief at an oral hearing; the applicant had a right to apply under CPR 3.3(5). However, as the appeal is now academic and there is no sufficient public interest to justify reopening, the application to reopen the appeal is refused.

Parties
Applicant: Vincent Nolson; Respondent: Stevenage Borough Council
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Judicial Review / Application to Reopen Appeal After Refusal of Permission to Appeal
Outcome
Application to reopen appeal refused
Legal Topics
Interim Relief, Judicial Review Procedure, Right to Oral Hearing, Housing Act 1996, Civil Procedure Rules
Administrative Law Housing Law Civil Procedure Interim Relief Judicial Review Procedure Right to Oral Hearing Housing Act 1996 Civil Procedure Rules

Case Brief

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Parties

Vincent Nolson

Applicant

Stevenage Borough Council

Respondent

Procedural Posture

Judicial Review / Application to Reopen Appeal After Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the Administrative Court has jurisdiction to reconsider refusal of interim relief at an oral hearing after a paper refusal
  2. 2 Whether the correct procedure is to appeal to the Court of Appeal or renew the application orally in the Administrative Court
  3. 3 Whether the appeal should be reopened on public interest grounds despite being academic

Ratio Decidendi

The Deputy Judge was wrong to refuse jurisdiction to reconsider the refusal of interim relief at an oral hearing; the applicant had a right to apply under CPR 3.3(5). However, as the appeal is now academic and there is no sufficient public interest to justify reopening, the application to reopen the appeal is refused.

Court Disposition

Application to reopen appeal refused