Darryl Cleugh, R (on the application of) v North Tyneside Council

In a judicial review claim, venue should ordinarily be the Administrative Court region with which the claim is most closely connected. A claimant’s preference for another region, the location of potential witnesses, or travel difficulties will not justify retaining proceedings elsewhere unless they provide a good and convincing reason. Venue is distinct from the question whether permission to apply for judicial review should be granted.

The claimant issued a judicial review claim in Manchester challenging a homelessness decision letter made by North Tyneside Council. In Form N461 he accepted that the claim had not been issued in the region with which it was most closely connected, citing alleged bias and prejudice arising from an earlier hearing.

A minded-to-transfer order proposed transferring the claim to the Administrative Court in Leeds, serving the North-Eastern region. The claimant objected, referring to alleged harassment and data protection breaches, Manchester-based witnesses, and difficulty travelling to Leeds. The defendant did not object. The issue before the court was venue only; permission for judicial review was not being determined.

1. Venue. The claim was most closely connected with the North-Eastern region, and should be dealt with in Leeds. The nature of the claim was a challenge to a homelessness decision concerning North Tyneside, making Leeds the appropriate Administrative Court region.
2. Objections. The claimant’s allegations of harassment and data protection breaches did not provide a convincing reason for retaining the claim in Manchester. Nor did the proposed Manchester-based witnesses or the claimant’s difficulty travelling to Leeds establish a good reason to depart from the appropriate venue. The High Court in Leeds would be able to deal with all relevant issues.
3. Disposition. The court made the transfer order to the Administrative Court in Leeds. The court was not determining permission for judicial review or the merits of the homelessness challenge.