ADMINISTRATIVE COURT
SITTING AT BRISTOL CIVIL AND FAMILY JUTSICE CENTRE
Bristol Civil and Family Justice Centre 2 Redcliff Street Bristol BS1 6GR |
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B e f o r e :
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THE KING (ON THE APPLICATION OF DA, A CHILD, ACTING THROUGH HIS LITIGATION FRIEND MA) |
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BRISTOL CITY COUNCIL |
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291-299 Borough High Street, London SE1 1JG
Tel: 020 7269 0370
legal@ubiqus.com
MR JOSEPH EDWARDS appeared on behalf of the Defendant
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Crown Copyright ©
KERR J:
Introduction
Background
The first judicial review claim
Brief procedural history
The application to set aside the consent order (the set aside application)
The second judicial review claim
Further orders in the set aside application and in the second judicial review
Submissions of the defendant
"The first condition is in the words of Lord Slynn in Salem (supra) that 'a large number of similar cases exist or anticipated' or at least other similar cases exist or are anticipated and the second condition is that the decision in the academic case will not be fact-sensitive".
"Should the LF [Mr A] succeed in showing that his consent to the settlement on the Claimant's behalf was vitiated by misrepresentation or duress, the remedy would in effect be a rescission of the consent order. As Snell's Equity [34th edition] states at §15-001, 'Rescission properly so-called involves the extinction of a contract and the restoration of the parties to their original positions'."
"Recission will be barred where restitutio in integrum is impossible; restitutio in integrum will only be possible where the party seeking recission, 'is able to put those against whom it is asked in the same situation in which they stood when the contract was entered into'".
Submissions for the claimant
Reasoning and conclusions