R Dawber v County Court at Croydon
| Jurisdiction | England & Wales |
| Judge | Christina Lambert |
| Judgment Date | 14 December 2017 |
| Neutral Citation | [2017] EWHC 3646 (Admin) |
| Docket Number | CO/3766/2017 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 14 December 2017 |
[2017] EWHC 3646 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Christina Lambert QC
(Sitting as a Deputy Judge of the High Court)
CO/3766/2017
APPEARANCES
Mr B Coulter (instructed by Direct Access) appeared on behalf of the Applicant.
THE RESPONDENT did not appear and was not represented.
Mr D Macpherson (instructed by William Sturgess & Co. Solicitors) appeared on behalf of the Interested Party.
THE DEPUTY JUDGE:
This is a renewed application for permission to apply for judicial review of the decision of District Judge Coonan sitting at Croydon County Court on 15 th December 2015, permission having been refused on the papers by Darryl Allen QC, sitting as a Deputy High Court Judge. On 24 th November 2017 the Claimant sought an adjournment of the renewed permission hearing on the basis that she did not have sufficient time to obtain legal representation for the hearing (see her application of 24 th November 2017); her application was refused administratively on 7 th December 2017 and was not renewed before me. She has, as it transpires, been successful in obtaining legal representation and is represented today by Mr Coulter.
On 15 th December 2015, the District Judge set aside the bankruptcy petition which had been granted by District Judge Hay in February 2014 and made a substantial award of costs against the Claimant. Following that decision, the Claimant appealed to the High Court of Justice, Chancery Division, and, by an Order sealed on 7 th October 2016, Newey J granted permission to appeal, and dismissed the appeal. The Claimant then appealed that decision, and, by Order dated 27 th March 2017, Richards LJ, in the Court of Appeal, Civil Division, refused permission to appeal. Following that appeal process, the Claimant commenced this application for judicial review on 16 th August 2017. Mr Allen QC granted the Claimant's application to seek judicial review out of time on the basis that it was necessary for the Claimant to exhaust her statutory right of appeal and, although still marginally out of time, given the complexity of the proceedings and the reasons given in the grounds, it was fair to grant that application.
The background to the application, so far as it is relevant, arises from a dispute between the Claimant and Mr Al Zarrad concerning rent which was said by the Claimant to be due to her, as landlord of premises in central London. It is not necessary for me to set out the...
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