*R (on the application of MRH Solicitors) v County Court sitting at Manchester; R (on the application of Apex Hire UK and another) v County Court sitting at Manchester

Natural justice – Duty to act fairly. The claimants sought judicial review of the decision of the recorder of the defendant county court, finding them parties to fraud in a case in which they were not parties. The Divisional Court, in allowing the application, held that the claimants should have applied to be joined to the proceedings and for the judgment to be altered. If refused, they could have advanced the same objections by way of an appeal. However, the court had jurisdiction and would not refuse to hear the claims because of a theoretical alternative remedy. The recorder had behaved unfairly in having found the claimants had been involved in fraud and dishonesty.

Category: