Judicial review is sufficient remedy

Hi,

I’m trying to get hold of a copy of a court judgment that I’m almost sure was made and that I’ve not dreamt up.

The Court judgment was probably given sometime in the last 10 years.

Its finding was (in that case) that the ability to seek a judicial review was a sufficient remedy (as opposed say to the lack of a right of appeal).

Does this ring any bells with anyone?

Thanks a lot,

Ken

I think it could be the House of Lords case - R v Secretary of State for the Environment, Transport and the Regions, ex parte Alconbury Developments Limited (and others), 9 May, 2001 (House of Lords).
http://www.publications.parliament.uk/pa/ld200001/ldjudgmt/jd010509/alcon-1.htm

Hi Tony,

Thanks a lot for this.

It does make the point of law I want to investigate.

However, I’m almost certain there was a case involving a welfare rights type entitlement issue that concluded the same thing.

Basically, I’m trying to see if there’s an article 6 argument re the bedroom tax - that HB decisions are appealable but that DHPs carry no right of independent review and can only be disputed by means of a JR.

not sure about the welfare benefit entitlement case but there have been a number of article 6 challenges in the housing field which may be of some use - though they all failed I’m afraid -
1) Begum (Runa) V Tower Hamlets LBC [2003] UKHL 5 - review of allocation decision which led to council discharging homelessness duty
2) McLellan v Bracknell Forest BC [2001] EWCA Civ 1510 - challenge to internal review procedure under the introductory tenancy regime
3) R (Gilboy) v Liverpool CC [2008] EWCA Civ 751 - challenge to internal review procedure under the demoted tenancy regime

Thanks again Tony.

Unfortunately an Article 6 argument is not looking good.