Care North East Northumberland, R (on the application of) v Northumberland County Council
[2024] EWHC 1370 (Admin)
Care North East, R (on the application of) v Northumberland County Council
31 January 2024
[2024] EWHC 184 (Admin)
High Court
A charity is suing a council. A judge said the charity has a good enough case to continue, and set a date for a full hearing in April to quickly settle everything.
Key Facts
- •Judicial review claim by Care North East against Northumberland County Council.
- •Claim based on four grounds.
- •Hearing on 31 January 2024 before Fordham J.
- •Judge found the claim arguable on all four grounds.
- •Discretionary bar arguments to be considered substantively.
- •Judge decided to retain the case and conduct a 'rolled-up' hearing in April 2024.
Legal Principles
Threshold for granting permission for judicial review is arguability.
Judicial Review Guide 2023 §9.1.3
Discretionary bars to judicial review (delay, utility, statutory materiality) must be considered.
Judicial Review Guide 2023 §§9.1.4-9.1.6
Overriding objective is to promote efficient use of judicial resources and expedition.
R (Sneddon) v Secretary of State for Justice [2023] EWHC 3303 (Admin) at §5
'Rolled-up' hearing appropriate where deferred questions exist.
Judicial Review Guide §9.2.1.5
Permission for incorporating documents by reference lifted.
Judicial Review Guide §20.2.2
Outcomes
Permission for judicial review granted.
Claim deemed arguable on all four grounds; discretionary bar arguments require substantive consideration.
Case retained by Fordham J for a 'rolled-up' hearing.
Promotes efficiency, allowing substantive hearing while arguments are fresh.
Timetable set for further evidence and submissions.
To expedite the process.
Two-day hearing scheduled for 17 and 18 April 2024.
To allow full consideration of arguments.
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