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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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