Valencia Waste Management Ltd, R (on the application of) v Environment Agency
[2024] EWHC 939 (Admin)
Dr Imad Naasani & Ors, R (on the application of) v Secretary of State for Foreign, Commonwealth and Development Affairs
8 July 2024
[2024] EWHC 1850 (Admin)
High Court
The government tried to move a court case from Manchester to London at the last minute. The judge said no because the case was already set up in Manchester and it was too late to change it. The case will stay in Manchester. Some new evidence came to light which will need to be considered before the court case begins.
Key Facts
- •Judicial review claim against the Secretary of State for Foreign, Commonwealth and Development Affairs.
- •Initial permission granted on 15 November 2023 ([2023] EWHC 2853 (Admin)).
- •Substantive hearing initially scheduled for June 2024, then October 2024 in Manchester.
- •Secretary of State applied for transfer to London on 14 June 2024, citing delay and CPR PD54C §3.1(1)(d).
- •The claim involves proceedings to which Part 79 applies (Counter-Terrorism Act 2008 etc.), potentially triggering a mandatory transfer to London under CPR PD54C.
- •The First Claimant filed a witness statement on 26 June 2024 revealing a successful funds transfer to Syria.
Legal Principles
Venue in judicial review proceedings should be the Administrative Court office for the region most closely connected to the claim (CPR PD54C §2.1), unless the proceedings fall within an excepted class in §3.1.
CPR PD54C
Proceedings to which Part 76 or Part 79 applies (including those involving a special advocate) are excepted classes of claim, generally requiring transfer to London (CPR PD54C §3.1(1)(d)).
CPR PD54C §3.1(1)(d)
The overriding objective requires consistent interpretation and application of Practice Directions.
Implicit in the judgment
The court has jurisdiction to determine venue, even if a Practice Direction suggests a specific location; a 'jurisdictional straitjacket' is not required (referencing R (Valencia Waste Management Ltd) v Environment Agency [2024] EWHC 939 (Admin)).
R (Valencia Waste Management Ltd) v Environment Agency [2024] EWHC 939 (Admin)
Outcomes
The application to transfer the proceedings to London was refused.
The application was made too late, the case had been managed in Manchester throughout, and a suitable hearing date in Manchester was readily found. The court found no compelling reason for transfer despite the potentially applicable provisions of CPR PD54C §3.1(1)(d).
The hearing date was changed to 28 October 2024 in Manchester.
This resolved the delay issue raised by the Secretary of State.
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