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CIVIL LITIGATION

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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