Foenander v Lambeth County Court

Judicial review of County Court orders is a wholly exceptional remedy. It is appropriate only in very rare circumstances, such as where the order is made without jurisdiction. Where statutory rights of appeal exist, judicial review should not be permitted merely to challenge the merits or regularity of County Court decisions. Allowing judicial review in such circumstances would circumvent and undermine the statutory appellate scheme.

The applicant sought permission to appeal against Mr Justice Scott Baker’s refusal of permission to apply for judicial review. The proposed judicial review challenged a charging order absolute made in the Lambeth County Court in 1997 and the dismissal in 2001 of an application to set it aside. Permission had first been refused on the papers by Mr Justice Moses. The applicant alleged defects concerning transfer from the High Court, jurisdiction, the amount secured, ownership of the charged property and the sums included in the order.

The central issue was whether those allegations justified the exceptional use of judicial review to challenge County Court orders despite the statutory appeal process.

1. Application refused. The Court of Appeal refused permission to appeal against the refusal of judicial review permission.
2. Judicial review of County Court orders in circumstances where statutory appeal rights exist is permissible only in very rare cases. The exceptional jurisdiction may be engaged where an order plainly lacks jurisdiction on its face.
3. The applicant’s complaints did not establish a sufficient jurisdictional defect. The orders challenged had the colour of jurisdiction on their face, and it was unnecessary to examine the factual merits of the individual objections.
4. The orders could properly have been challenged through the statutory appeal process. Permitting judicial review to proceed in such circumstances would subvert that process and the statute establishing it.
5. The application was therefore misconceived and was refused.

• Administrative Court: Mr Justice Moses refused permission to apply for judicial review on the papers.
• Administrative Court: Mr Justice Scott Baker refused renewed permission after an oral hearing on 13 April 2002.
• Court of Appeal (Civil Division): The application for permission to appeal was refused.