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

[1996] EWCA Civ 503

Case details

Case citations

[1996] EWCA Civ 503

Court

Court of Appeal (Civil Division)

Judgment date

3 March 1996

Judgment text

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Subjects

Administrative law Judicial review Leave to apply for judicial review

Keywords

judicial review renewed application for leave leave to move General Medical Council absence of grounds unrepresented applicant

Outcome

application dismissed (unanimous)

Judicial consideration

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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.

There were no grounds for granting leave to move for judicial review.
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.

Lower court decision

Judgment appealed:

Not stated in the judgment

Outcome:

application dismissed (unanimous)

Key cases cited

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Cases citing this case

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