Darryl Cleugh, R (on the application of) v North Tyneside Council
[2023] EWHC 374 (Admin)
Gnanatheepan Subramaniam, R (on the application of) v Secretary of State for the Home Department
21 December 2022
[2022] EWHC 3294 (Admin)
High Court
Someone in jail in Doncaster sued the government in the wrong city (London). Even though their lawyers are in London, the judge moved the case to Leeds, where the jail is, to make things easier and quicker.
Key Facts
- •Judicial review claim concerning the ongoing detention of the Claimant at HMP Doncaster.
- •Claim initially filed in London, despite Claimant's detention in Doncaster.
- •Form N461 (question regarding claim's connection to the region) was answered incorrectly.
- •Claimant's solicitors are located in London, as are the Defendant's solicitors.
- •Claimant's counsel is also in London.
- •Defendant does not oppose the transfer of the claim.
- •Letter before claim was sent to the Home Office's Leeds regional email address.
Legal Principles
Claims should be filed in the region with which the claim is most closely connected.
Form N461 and implicit in the court's rules.
Travel costs are a relevant factor in venue determination, but solicitor location alone does not determine venue.
Court's previous venue determinations and Judge Fordham's ruling.
Efficient administration of justice considers the capacity, resources and workload of various Administrative Courts.
Judge Fordham's statement
Outcomes
Transfer of the claim to the Administrative Court in Leeds.
The claim should have been filed in Leeds as it has the closest connection to Doncaster, where the claimant is detained. Incorrectly completing Form N461 and the unconvincing argument for a London venue justify the transfer.
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