Caselaw Digest
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Brian Nesbitt, R (on the application of) v Clevland, Durham and Northumbria Legal Team HMCTS

13 December 2022
[2022] EWHC 3090 (Admin)
High Court
Someone tried to get the police to arrest a CAB advisor and a solicitor for allegedly cheating him out of a settlement 18 years ago. A judge already decided that the settlement was fair, so this new request was denied because there was no evidence of cheating.

Key Facts

  • •Claimant applied for judicial review after a Legal Team Manager refused to issue criminal summonses against a CAB adviser and a solicitor for alleged dishonesty in a 2003 settlement of the Claimant's disability discrimination claim against Dunlop.
  • •The alleged dishonesty involved the settlement of the Claimant's claim for £9000, which the Claimant contends was done without his consent.
  • •The refusal was based on a lack of prima facie evidence of dishonesty.
  • •The Claimant's case had previously been dismissed by the County Court, which found that the settlement was reached with the Claimant's knowledge and consent.
  • •The Claimant suffered a brain injury in 2000.
  • •The case has a long history spanning multiple legal proceedings over nearly two decades.

Legal Principles

Judicial review is only granted if the decision is arguably irrational – a conclusion no reasonable decision-maker could reach.

Implicit in the judgment

Outcomes

The renewed application for permission to seek judicial review was dismissed.

The County Court's judgment, which found the settlement was with the Claimant's consent and that there was no dishonesty, made the refusal of the summonses unchallengeable. The decision was not irrational.

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