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R(Gallaher) v Competition and Markets Authority and the Search for the Principle of Equal Treatment
Fred Allen
The recent decision in Farhia Ali v Crown Court at Kingston [2017] EWHC 2706 (Admin) provides a reminder of the narrow availability of judicial review in relation to decisions of the Crown Court. In Farhia, a decision to refuse bail following the jury’s verdict was found not to be capable of being judicially reviewed as it was not within the supervisory jurisdiction of the High Court.
In the recent case of R (Monarch Airlines Limited (in administration)) v Airport Coordination Limited [2017] EWCA Civ 1892, the Court of Appeal considered whether an airline that had fallen into administration could still be allocated valuable slots at airports.
The recent decision of Mr Justice Holroyde in R oao Donald Maguire and ors v The Assistant Coroner for West Yorkshire (Eastern Area) [2017] EWHC 2039 provides a salutary reminder of just how difficult it is successfully to judicially review the ‘case management’ decisions of a coroner – in this case a decision as to which witnesses to call at an inquest – and of the costs risks of bringing such a challenge.
Lord Justice Jackson’s ‘Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs’ was published at the end of July. Recognising that an effectively functioning system of judicial review is central to the rule of law, the Supplemental Report makes recommendations that may increase access to this important specialist area of litigation. Past proposals have, however, been left unimplemented.
Fred Allen
Emily Carter
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