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Allen, R (on the application of) v Coroner for Inner London North

[2009] EWCA Civ 738

Case No: C1/2008/2350
Neutral Citation Number: [2009] EWCA Civ 738
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

(MR JUSTICE BLAKE)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Thursday, 25th June 2009

Before:

SIR ANTHONY MAY

(President of the Queen’s Bench Division)

LORD JUSTICE DYSON

and

LORD JUSTICE HOOPER

The Queen on the application of

ALLEN

Appellant

- and -

CORONER FOR INNER LONDON NORTH

Respondent

(DAR Transcript of

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Mr L Thomas (instructed by Messrs Bindman & Partners) appeared on behalf of the Appellant.

THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.

Judgment

Sir Anthony May:

1.

For the reasons given in the court’s written judgment, which has been provided to the parties and is now available for publication, this appeal is dismissed. There is, however, an error in the judgment as circulated which needs to be corrected. The first paragraph starts off by saying that it is an application for judicial review. That is inaccurate. It was an appeal against a refusal of permission to apply for judicial review. Accordingly the first sentence of the judgment is to be amended so that it reads: “This is an appeal against a refusal of permission to apply for judicial review”.

2.

The parties have proffered a draft order which provides first of all that the appeal is dismissed, second that there is no order for costs, and third that the claimant’s costs are assessed in accordance with legal aid regulations. The proffered order also proposes to provide that any application for permission to appeal be made at a future day; however, since this is an application for permission for judicial review, and since it is refused on appeal, there is, as the court understands, no further appeal. Therefore, the fourth paragraph of the draft order is deleted, and in its place, since the parties are not here, will be put “liberty to apply” in respect only of the form of this order.

Order: Appeal dismissed.

Allen, R (on the application of) v Coroner for Inner London North

[2009] EWCA Civ 738

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