Case No. EWHC-185-(Admin)

8.By CPR r.54.1 a claim for judicial review means a claim to review the lawfulness inter alia of a decision, action or failure to act in relation to the exercise of a public function. When the Defendants were dealing with the Claimant’s previous application for rehousing and the current homelessness application the Defendants were exercising such a public function. 9.It is axiomatic that Judicial Review is not concerned with reviewing the merits of a decision but the lawfulness of it. This is not an appeal. Generally this Court will not interfere with the exercise of a discretion or power by a public body unless that body has acted unlawfully and/or breached a public law principle. The claim is determined by considering whether one of the grounds asserted is made out. For instance if there has been an error of law, procedural impropriety, irrationality or abuse of power, the grounds may be made out. 10.In addition even if a ground is made out on the evidence remedies may or may not be granted because these are discretionary – see R (Edwards) v Environment Agency (No 2) [2008] UKHL 22. Remedies may not be granted if the claim has become academic, or exceptionally if the remedy is no longer necessary or the applicant has suffered no loss and prejudice. 11.This claim was commenced by the issuing of a claim form on 22 September 2022 and an application for urgent relief that day. The CPR require that a claim form must be accompanied by a statement of facts. By PD54A para.4:“4.1 (1) A Claimant seeking permission to apply for judicial review, urgent consideration or interim relief (whether by a claim included in the Claim Form itself or by a separate application notice) must ensure that the Claim Form or application notice sets out all material facts, that is all those facts which are relevant to the claim or application being made. A Claimant must make proper and necessary inquiries before seeking permission to apply for judicial review or interim relief to ensure so far as reasonably possible that all relevant facts are known.”12.At issue a claim, must be accompanied by evidence and the documents required in PD54A, see CPR r.54.6(2). PD54A states in relation to evidence from the Claimant:4.4 (1) In addition, the Claim Form must be accompanied by—(a) any written evidence in support of the claim (in this regard, see also rules 8.5(1) and 8.5(7)).(b) any written evidence in support of any other application contained in the Claim Form;(c) …(d) …(e) where the claim is directed to the decision of any other public authority, a copy of any record of the decision under challenge;(f) copies of any documents on which the Claimant proposes to rely;(g) copies of any relevant statutory material; and(h) a list of essential documents for advance reading by the court (with page references to the passages relied on).(2)Where it is not possible to file all the above documents, the Claimant must indicate which documents have not been filed and the reasons why they are not currently available.”