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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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CIVIL LITIGATION

R (on the application of Strickson) v Preston County Court [2007] EWCA Civ 1132, [2008] All ER (D) 269 (Feb)

In exceptional circumstances, a litigant may be able to establish a proper case for judicial review to challenge the decision of a circuit judge in the county court, on the ground of jurisdictional error or procedural irregularity of such a kind as to constitute a denial of the claimant’s right to a fair hearing.

A distinction may be drawn between a case where the judge simply gets it wrong, even extremely wrong (wrong on the law, or the facts, or both), and a case where the judicial process itself has been “frustrated or corrupted” (this marking the truly exceptional case).

This may include cases where the court embarks upon an inquiry which it lacks power to deal with, or fails altogether to enquire or adjudicate upon a matter which it was its unequivocal duty to address.

It also includes substantial denial of the right to a fair hearing, and may include cases where the lower court has

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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