jurisdiction of judge's in Human rights cases.

[toymaker1]

Hello
I have been refused permission to apply for judicial review of a judicial act. The judicial act in question was the circuit judge's decision to refuse permission for me to appeal. My appeal was made under Human Rights Act 1998 ( section 6; right to a fair trial).
the judge who refused me permission to a apply for judicial review was a deputy High Court Judge.
Rule 7A of CPR Part 2 states that;

7A(1) A deputy High Court Judge may not try a case in a claim made in respect of a judicial act under the Human Rights Act 1998.

Can anyone tell me if the deputy High Court Judge had jurisdiction to hear my application for judicial review, which was made under Human Rights Act 1998.?

Thanks for any advice.

[CleverClogs]

Re: jurisdiction of judge's in Human rights cases.

I have been refused permission to apply for judicial review of a judicial act. The judicial act in question was the circuit judge's decision to refuse permission for me to appeal. My appeal was made under Human Rights Act 1998 ( section 6; right to a fair trial).
the judge who refused me permission to a apply for judicial review was a deputy High Court Judge.
Rule 7A of CPR Part 2 states that;

7A(1) A deputy High Court Judge may not try a case in a claim made in respect of a judicial act under the Human Rights Act 1998.

Guess what?

He didn't try the case.

Can anyone tell me if the deputy High Court Judge had jurisdiction to hear my application for judicial review, which was made under Human Rights Act 1998.?

Didn't you just state that he had not heard your application?

[toymaker1]

Re: jurisdiction of judge's in Human rights cases.

Guess what?

He didn't try the case.


Didn't you just state that he had not heard your application?

The deputy High Court Judge heard my application. - I am asking if in fact he had the jurisdiction to do so, as I have just come across Rule 7A. - It struck me as odd if a judge who does not have jurisdiction to try a case, nevertheless has jurisdiction to hear an appeal on that case.
I admit I dont know.

[gravytrain]

Re: jurisdiction of judge's in Human rights cases.

May I ask what the issue is ?