Fergus, R (on the application of) v Shoreditch County Court & Anor

The Administrative Court has no jurisdiction to review or undermine a final decision of a county court judge by judicial review. The proper route is an appeal within the county court and High Court appellate structure. Judicial review cannot be used to mount a collateral challenge to an order where that appeal route has not been pursued. Proceedings seeking to reopen issues already decided may disclose no cause of action and amount to an abuse of process.

The claimant sought renewed permission for judicial review of an order by Judge Latham in the Shoreditch County Court. That order struck out fresh proceedings as issue estopped because the relevant matters had already been decided by HHJ Cotran. The claimant had previously failed to obtain permission to appeal HHJ Cotran’s decision and had pursued various collateral proceedings, including proceedings in the Chancery Division and applications concerning eviction and re-entry. The central issue was whether the Administrative Court could review the final county court order.

1. Permission refused. The Administrative Court had no jurisdiction to review or undermine Judge Latham’s final order of 24 October 2005. The claimant’s only route to challenge that order was by appeal, and that route had not been followed.
2. The claimant’s attempt to use judicial review was a collateral challenge to a county court decision. The fact that the claimant had pursued other applications did not create an alternative route of review. Ouseley J was therefore correct to conclude that the proceedings disclosed no cause of action and were an abuse of process.
3. The court directed that the pending application for a Civil Restraint Order be transferred to the Queen’s Bench Division and heard with the claimant’s appeal against Judge Latham’s later order concerning re-entry. The application was adjourned because the claimant had insufficient notice and because the outcome of that appeal could affect whether a restraint order was appropriate.
4. No order for costs was made.

• Shoreditch County Court: District Judge Jackson made a suspended possession order. HHJ Cotran dismissed the claimant’s appeal on 11 May 2005. Judge Latham later struck out fresh proceedings on 24 October 2005 on the ground of issue estoppel.
• High Court: Dobbs J refused permission to appeal HHJ Cotran’s order. Ouseley J refused initial permission for judicial review and interim relief. The present court refused renewed permission.