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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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CIVIL LITIGATION

R (on the application of Strickson) v Preston County Court [2007] EWCA Civ 1132, [2008] All ER (D) 269 (Feb)

In exceptional circumstances, a litigant may be able to establish a proper case for judicial review to challenge the decision of a circuit judge in the county court, on the ground of jurisdictional error or procedural irregularity of such a kind as to constitute a denial of the claimant’s right to a fair hearing.

A distinction may be drawn between a case where the judge simply gets it wrong, even extremely wrong (wrong on the law, or the facts, or both), and a case where the judicial process itself has been “frustrated or corrupted” (this marking the truly exceptional case).

This may include cases where the court embarks upon an inquiry which it lacks power to deal with, or fails altogether to enquire or adjudicate upon a matter which it was its unequivocal duty to address.

It also includes substantial denial of the right to a fair hearing, and may include cases where the lower court has acted in complete disregard of its duties, and cases where

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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