• FAMILY

High Court of England and Wales

The Queen on the application of S Vs. Hampshire County Council

Core assessment of child with severe disabilities by Council - Assessment challenged as discriminatory and unlawful by mother - Application for Judicial Review by mother - Availability of alternate remedy under relevant statute - Whether application for judicial remedy can be allowed in presence of alternate legal remedy?

Held, judicial review is a remedy of last resort. Where an adequate alternative remedy exists that should be exhausted first. In the present case, there is such an adequate alternative remedy namely a complaint pursuant to the Children Act 1989 Representations Procedure (England) Regulations 2006. The Claimant's mother is clearly aware of this procedure as she has utilised it in the past. Therefore, permission to apply for judicial review refused.

• MOTOR VEHICLES

England and Wales Court of Appeal

Maher and another Vs. Groupama Grand Est

Motor Vehicle Accident - Injuries sustained by English-Claimants in road accident in France - Negligence of French Driver - Insurer also French - Whether damages and interest to be assessed under English or French law?

Held, damages were to be assessed by reference to English law, being a matter of remedy to be determined in accordance with the lex fori. As to the award of interest, the question was whether an award of interest under s 35A of the Senior Courts Act 1981 as inserted, was a substantive right or a remedy. Questions of substantive rights were governed by the lex causa and it was common ground that in this case the law applicable to the tort was French law. Accordingly s 35A had no application if it created a substantive right. If, on the other hand, it was remedial in nature it was a power that the court had at its disposal, since matters of remedy were regarded as procedural in nature and governed by the lex fori.