High Court judicially reviews County Court judgment (R (on the application of MRH Solicitors) v the County Court at Manchester)

Article summary

Dispute Resolution analysis: the Administrative Court (in a joint judgment by Nicol J and Burnett LJ) exercised its jurisdiction to judicially review an ex tempore County Court judgment in which a recorder found that the claimants were party to a fraud even though they were not parties to the County Court proceedings. Although the court was prepared to exercise its jurisdiction in this case, it advised parties who believe that they have been unfairly criticised in a judgment to adopt a different approach, ie to apply to be joined as a party to the original proceedings pursuant to CPR 19.2 and then make an application that the offending passages by removed from the judgment. The decision is of interest as it considers the relationship between judicial review and appeal proceedings as well as the circumstances in which a ex tempore judgment may be amended.