A man sued a charity for not giving him money. A judge dismissed his case because he hadn't followed the charity's rules, didn't show why the court in England should hear the case, and didn't explain his discrimination claim properly. The judge also said there was no bias against the man.
Key Facts
- •Mr. Namystiuk (claimant) brought a claim against NRC (UK Representation Office) (defendant).
- •The initial claim was poorly formulated, leading to a stay and an order to provide particulars of claim.
- •Master Cook refused the application to lift the stay and struck out the claim as without merit.
- •The claimant appealed, alleging bias and the existence of an arguable cause of action.
- •The appeal was heard by Mr. Justice Goose.
Legal Principles
Test for Bias
High Court of Justice King's Bench Division
Requirements for an Arguable Cause of Action
High Court of Justice King's Bench Division
Jurisdictional Requirements
High Court of Justice King's Bench Division
Human Right to Fair Trial
High Court of Justice King's Bench Division
Outcomes
Appeal dismissed.
The Court found no merit in the bias claim against Master Cook and no arguable cause of action.
Claim struck out.
The claimant failed to complete the application process with NRC, lacked a clear basis for jurisdiction, and did not adequately establish a discrimination claim.