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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Baraka, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2057 (Admin) (12 July 2011)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2057.html
Cite as: [2011] EWHC 2057 (Admin)

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Neutral Citation Number: [2011] EWHC 2057 (Admin)
CO/8375/2010

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL
12 July 2011

B e f o r e :

JOHN HOWELL QC
(Sitting as a Deputy High Court Judge)
____________________

Between:
THE QUEEN ON THE APPLICATION OF FARADJI BARAKA Claimant
v
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Defendant

____________________

Computer-Aided Transcript of the Stenograph Notes of
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
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____________________

The Claimant did not appear and was not represented
Mr Matthew Gullick (instructed by Treasury Solicitors) appeared on behalf of the Defendant
J U D G M E N T
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

  1. THE DEPUTY JUDGE: This is a renewed application for permission to claim judicial review. The claimant seeks to impugn the defendant's decision, communicated by letter dated 2 July 2010, not to treat further representations made on his behalf on 16 June 2010 as a fresh claim.

  2. Permission to make this claim was refused by Lindblom J on the papers on 26 October 2010.

  3. The defendant has apparently absconded since December 2010. His solicitors gave notice yesterday that they would not be representing him in court today, and, despite Treasury Solicitors' efforts to contact him to alert him if his solicitors had not to the notice of the hearing, no appearance has been made on his behalf.

  4. For the reasons given by Lindblom J, I also consider that the claim is unarguable, having read the papers. Accordingly, it will be dismissed.

  5. MR GULLICK: My Lord, Lindblom J made an order for costs in the sum of £480. I am not sure whether the renewal notice itself is an objection to payment of costs, but so far as it is, I would invite your Lordship to confirm that costs be paid in the sum of £480. (Pause)

  6. THE DEPUTY JUDGE: At the moment, you have an order which is not dependent on whether or not the application for permission is renewed. There is no reason why the Treasury Solicitor cannot enforce that order. I do not think I need to make another one. I will also say this claim was totally without merit.

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URL: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2057.html