Judicial review and CPR rule please?

[sunflower888]

Could someone please let me know what is the "case law in 52.3.8 of the white book"?

Also, if a county court had 50 material pages missing of a bundle and the judge carried on and refused permission to appeal, I believe I can do a judicial review. Who do I do it against? Do I have to take Watford County Court to court, is that even possible?

[R0b]

Not sure a judicial review is the correct process. If you felt the decision of a judge was wrong then the usual method is to appeal and seek formal permission to appeal by application.

Is this a normal county court case and you are not happy with the decision? If so, the above would apply, not a judicial review nor proceedings against the county court itself.

[des8]

The White Book note 52.3.8 reads:

"The overall effect of these provisions is that every disappointed litigant at first instance can, one way or another, achieve at least a brief hearing in the appeal court, so that the main thrust of his complaint can be ventilated orally"

The provisions to which the White Book refers are those which allow a would-be appellant, if leave is refused on paper, to seek an oral hearing before the Court of Appeal on his application for leave.

[sunflower888]

Could someone please let me know what is the "case law in 52.3.8 of the white book"?

Also, if a county court had 50 material pages missing of a bundle and the judge carried on and refused permission to appeal, I believe I can do a judicial review. Who do I do it against? Do I have to take Watford County Court to court, is that even possible?

Just to say I did that appeal, but first you have to seek permission to appeal, and it was refused. I think the judge was just intent on shutting matters down. There was no fairness to that.

At the second hearing I ended up representing myself after a barrister I had lined up pulled out too late, and it meant I was unable to find another in time. I did seek an adjournment, paid the fee, but the court never dealt with it in time, and I was told it would be at the hearing, but it was not. I asked but the judge didnt deal with it. By this time I was suffering with depression, with inevitable consequences that I was railroaded. So despite winning, I got little, not even the court fees back, which I dont believe is correct.

I appealed it was refused permission. The other side's barrister even confirmed at that appeal, that I had made the adjournment request and it was not dealt with by that judge.

Totally lost faith in any justice system after that experience. It was a sham, a whitewash of an appeal and from what I can see appeals generally seem to be. This was small claims track, despite it going on for 1.5 years, (pre-covid time) and there being two experts. When I wrote to the court to revise the track, it was not processed because of a change in judge it now seems.