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Musical Group Victoria Eleison, R (on the application of) v Secretary of State for the Home Department

[2005] EWHC 373 (Admin)

CO/6138/04
Neutral Citation Number: [2005] EWHC 373 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Wednesday 2 March 2005

B E F O R E:

MR JUSTICE HUGHES

R (on the application of) MUSICAL GROUP VICTORIA ELEISON

(CLAIMANTS)

-v-

SECRETARY OF STATE FOR THE HOME DEPARTMENT

(DEFENDANT)

Computer-Aided Transcript of the Stenograph Notes of

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190 Fleet Street London EC4A 2AG

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(Official Shorthand Writers to the Court)

MR JOHN OFFEH (purportedly instructed by African Legal Advisory Service, 1st Floor, 6 Princes Parade, New Road, Dagenham, Essex RM10 9LS) appeared on behalf of the CLAIMANT

MISS SAMANTHA BROODFOOT (instructed by The Treasury Solicitor, 28 Broadway, London SW1J 9HS) appeared on behalf of the DEFENDANT

JUDGMENT

(Mr Offeh indicated that he should withdraw as he was not properly instructed by someone empowered so to instruct.)

(Submissions concerning whether an order should be made under the Courts and Legal Services Act 1990 section 28(2)(c) re: Mr Samba (of the African Legal Advisory Service) then followed.)

1.

MR JUSTICE HUGHES: No application having been made in a case in which I would have been very doubtful as to whether it would have been appropriate in any event to make a direction under section 28(2)(c) of the Courts and Legal Services Act 1990, I do not make any such direction.

(Submissions re: consequence of Mr Offeh withdrawing from the application.)

2.

MR JUSTICE HUGHES: This claim will stand dismissed 28 days from today unless within that time the claimants first identify themselves individually and secondly lodge written confirmation by litigators properly authorised under the Courts and Legal Services Act 1990 that it is their intention to pursue the claim, together with a skeleton argument explaining the basis on which it is to be pursued.

(Submissions re: costs.)

3.

MR JUSTICE HUGHES: I direct that the African Legal Advisory Services of Dagenham, Essex, be made a party to these proceedings for the purpose of dealing with the next paragraph of the order only.

4.

The African Legal Advisory Services are, within 28 days of today, to show cause in writing to the Treasury Solicitor why an application to the court that they pay the costs of these proceedings should not be granted. (That will then marry up to the other order.)

5.

The Treasury Solicitor is to respond within 21 days thereafter and within the same time to give notice to the court whether any application for costs against the African Legal Advisory Services is to be made or not.

Musical Group Victoria Eleison, R (on the application of) v Secretary of State for the Home Department

[2005] EWHC 373 (Admin)

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