R v Leeds City Council, ex parte Hendry
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1994 |
| Date | 14 December 1994 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Division
Before Mr Justice Latham
Regina
and
Leeds City Council, Ex parte Hendry
Judicial review - alternative statutory appeal - appropriate route to remedy
Best route to secure necessary remedy
The existence of a statutory appeal procedure to challenge a decision by a public body did not automatically mean that that, rather than judicial review, was the appropriate route to adopt to secure the necessary remedy. Judicial review could be the appropriate procedure where that enabled a question of vires to be determined.
Mr Justice Latham, so held in the Queen's Bench Division when refusing on the ground...
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Coroner of Kingston & St Andrew and Attorney General of Jamaica v Dionne Holness
...that alternative remedy: see ex parte Cowan, R v Devon CC, ex parte Baker [1995] 1 All ER 73 at 92, 91 LGR 479, 11 BMLR 141. In R v Leeds CC, ex parte Hendry (1994) 6 Admin LR at 443 it was said that the test can be boiled down to whether 'the real issue to be determined can sensibly be de......
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Cable & Wireless Bvi Ltd (“Lime Bvi”) v Telecommunications Regulatory Commission
...frank disclosure to the Court of material facts including those adverse to the application: [ R v. Leeds City Council ex p. Hendry (1994) 6 Admin LR 439] This includes a duty to cite adverse authorities to the Court. 20 In regard to the duty to identify the likely defences to the judicial r......
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Grace Bay II Holdings Sarl and Others v The Pensions Regulator ABF Ltd ((in Liquidation)) and Others (Interested Parties)
...did not arise. The facts of Knowsley are very far distant from the present application. 57 Mr Fordham also relied on R v Leeds City Councilex p Hendry (1994) 6 Admin LR 439. In that case the Claimant judicially reviewed the council's refusal to grant him a private hire minicab licence, on g......
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