Darryl Cleugh, R (on the application of) v North Tyneside Council
[2023] EWHC 374 (Admin)
Ladybill Limited, R (on the application of) v Sheffield Magistrates' Court
22 July 2024
[2024] EWHC 1851 (Admin)
High Court
A company sued a court judge in Manchester for not removing himself from a case. Because the original case was in Rotherham, and another similar case had already moved to Leeds, the judge decided the Manchester court was the wrong place and moved the case to Leeds.
Key Facts
- •Judicial review claim filed in Manchester on 6 June 2024 by Ladybill Limited against Sheffield Magistrates' Court and Rotherham City Council.
- •Claim concerns District Judge Spruce's refusal to recuse himself from rating liability proceedings involving Ladybill's property in Rotherham.
- •Manchester is the Administrative Court venue for the North-West, Leeds for the North-East.
- •A minded to transfer order (MTTO) was made to transfer the case to Leeds on 14 June 2024.
- •The Claimant's property is situated in Rotherham (North-East region).
- •Similar judicial review claim (AC-2024-MAN-000128) by Emeraldshaw Ltd (another MCR Property Group company) was previously transferred from Manchester to Leeds.
Legal Principles
Judicial review claims should generally be filed in the Administrative Court venue with the closest connection to the claim, not necessarily the parties.
Practice Direction 54C §2.5
Outcomes
The claim was transferred from Manchester to Leeds.
The claim is most closely connected to the North-East region due to the location of the property and the underlying rating proceedings in Rotherham. Convenience of parties is secondary to the claim's connection to the region. The previous transfer of a similar case to Leeds further supports this decision.
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