Trivedi R (on the application of) v General Medical Council

[1996] EWCA Civ 503

Summary

On a renewed application for leave to move for judicial review, the Court of Appeal may adopt the lower court’s reasoning where it agrees with it in full. Where the court identifies no grounds for granting leave, the application is dismissed.

Factual background

Dr K S Trivedi renewed his application for leave to move for judicial review concerning the General Medical Council. Mr Justice Jowitt had refused leave on 3 March 1996. The applicant did not appear and was not represented before the Court of Appeal. The central issue was whether grounds existed for granting leave.

Held

Lord Justice Stuart-Smith delivered the judgment of the court. He carefully considered Mr Justice Jowitt’s judgment and agreed with every word of it.

  1. There were no grounds for granting leave to move for judicial review.
  2. The renewed application was dismissed.

Lord Justices Aldous and Ward agreed. The order was: application dismissed.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): The renewed application for leave to move for judicial review was dismissed. The court agreed in full with the judgment below: [1996] EWCA Civ 503 .
  • High Court, Queen’s Bench Division: Mr Justice Jowitt refused leave to move for judicial review on 3 March 1996.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication dismissed (unanimous)
  2. This judgment [1996] EWCA Civ 503 Court of Appeal (Civil Division)

Key cases cited

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Cases citing this case

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