Gary Parkin, R (on the application of) v Rotherham Doncaster and South Humberside NHS Foundation Trust

For a judicial review claim, venue should ordinarily be determined by the region with which the claim is most closely connected. In assessing venue, the court may consider the location of the claimant, the subject matter and relevant events, the receiving court’s experience and resources, and practical accessibility. A transfer is appropriate where the case belongs in the receiving region and the objections disclose no good or convincing reason to retain it elsewhere.

The claimant, acting in person, issued a judicial review claim in the Administrative Court in London. The claim challenged the defendant NHS foundation trust’s decision concerning disability access to Tickhill Hospital in Doncaster, where the claimant lived.

A minded to transfer order was made proposing transfer to the Administrative Court in Leeds, the North-Eastern region. The claimant was invited to object within seven days. The defendant filed no objection. The issue was whether the claim should be transferred to Leeds as the region with which it was most closely connected.

1. Transfer ordered. The claim was transferred from the Administrative Court in London to the Administrative Court in Leeds.
2. The claimant was right not to maintain that the South-East was the region with which the claim was most closely connected. The claim concerned disability access to Tickhill Hospital in Doncaster, and the claimant lived in Doncaster.
3. The court was entirely satisfied that the case belonged in Leeds. The Leeds Administrative Court had the experience and resources to deal with the claim.
4. Practical accessibility also supported the transfer. Leeds was accessible from Doncaster by a direct train journey of approximately 30 minutes.
5. The claimant’s remaining objections, based on London being more experienced, having more resources, and being easier to reach, did not establish a good or convincing reason for retaining the claim in London.

The judgment records that a minded to transfer order was made on 18 May 2023, proposing transfer from the Administrative Court in London to Leeds and allowing the parties seven days to object. The present court then made the transfer order.