Musical Group Victoria Eleison, R (on the application of) v Secretary of State for the Home Department

The court may decline to make a representative or advocacy-related direction where no application has been made and the court would in any event doubt its appropriateness. Following withdrawal by a person who was not properly instructed, a claim may be ordered to stand dismissed unless the claimants identify themselves, confirm through properly authorised litigators that they intend to pursue it, and explain its legal basis.

This was a judicial review claim by Musical Group Victoria Eleison against the Secretary of State for the Home Department. The claimant’s purported representative indicated that he should withdraw because he was not properly instructed by a person authorised to give instructions. The court considered whether to make a direction under section 28(2)(c) of the Courts and Legal Services Act 1990, the consequences of the withdrawal, and costs. The central issues were whether the direction should be made and what procedural conditions should govern continuation of the claim.

1. The court made no direction under section 28(2)(c) of the Courts and Legal Services Act 1990. No application had been made, and the judge stated that he would have been very doubtful that such a direction was appropriate in any event.
2. Because the claimant’s purported representative indicated that he should withdraw, the claim was ordered to stand dismissed 28 days after the judgment unless, within that period, the claimants individually identified themselves, lodged written confirmation from litigators properly authorised under the Courts and Legal Services Act 1990 that they intended to pursue the claim, and lodged a skeleton argument explaining the basis on which it was to be pursued.
3. The African Legal Advisory Services were joined solely for the purpose of addressing costs. They were required to show cause in writing to the Treasury Solicitor within 28 days why an order requiring them to pay the costs should not be made. The Treasury Solicitor was given 21 days thereafter to respond and to notify the court whether a costs application would be pursued.

First-instance decision. No prior appellate decision is stated in the judgment.