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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> K v Cornwall County Council [2005] EWCA Civ 1815 (13 December 2005) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2005/1815.html Cite as: [2005] EWCA Civ 1815 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
ADMINISTRATIVE COURT LIST
(MR JUSTICE SULLIVAN )
Strand London, WC2 |
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B e f o r e :
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K | ||
-v- | ||
CORNWALL COUNTY COUNCIL | Defendant/Respondent |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent was not represented and did not attend
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Crown Copyright ©
" ..... there is no basis on which it would be proper to restore the application for permission to apply for judicial review against the Council. Until it is determined whether or not it is the Trust or the County Council who is responsible for providing the claimant's care, that would simply be an academic exercise."
He also urged all parties to see what could be done about providing a change of accommodation.
"So far as the issue of damages is concerned, I am satisfied that it would not be right to allow the judicial review proceedings against the County Council to linger on simply for the purpose of keeping alive the putative damages claim under the convention. In particular, given the machinery that was envisaged in the order of 17 September 2004 to deal with that issue, that is to say by instituting a complaint to the Local Government Ombudsman. The authorities demonstrate that the measure of damages that would be given by the court if it found a breach would be broadly the same as the sort of damages that would be awarded by the Ombudsman, albeit formally on a non-binding basis, but in practice awards by the Ombudsman are complied with. Also, it seems to me that the claimant has the ability to make a broader claim of maladministration to the Local Government Ombudsman, which is capable of embracing all the matters about which he might wish to complain under the Convention, and some more."
He therefore dismissed application.
"If, after 3 months, the only outstanding claim in these proceedings is the claim for damages (a) if the claimant has not instituted a complaint to the Local Government Ombudsman seeking damages arising from the matters raised in these proceedings, permission be refused in relation to the claim for damages."
There was then further provision dealing with the situation that would arise if the claimant had instituted a complaint to the Ombudsman.
Order: Application granted.