Jurisdiction(s):
United Kingdom

Judicial review: exceptional and limited court monitoring of compliance—R (ECPAT UK) v Kent CC (UASC hotels, NTS Plan, ERP), England and Wales

Published on: 15 August 2024

Published by a LexisNexis Local Government expert

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Article summary

R (ECPAT UK) v Kent CC, SSHD [2024] EWHC 1353 (Admin)

What are the practical implications of this case?

This judgment on final relief in the R (ECPAT) v Kent CC proceedings offers clear guidance on the court’s possible role in supervising compliance with its own orders. It explains when and how such supervision may occur. Whereas Judgment 2 records Mrs Justice Chamberlain’s justification for continued judicial involvement, Judgment 4 marks the boundaries of that continuing role. Consistent with Chamberlain J’s observations, it is probable that courts will assume a monitoring function only in exceptional circumstances. In this claim, a principal justification for supervision was the internecine dispute between two public authorities, who were thought unlikely to resolve the dispute without oversight.

As regards the limits of ongoing supervision, Chamberlain J sought to distinguish, on the one hand, issues pleaded by the parties and the relief that followed from deciding those issues and, on the other, fresh matters that emerged as the litigation evolved. While continuing judicial scrutiny could encompass the former, it could not reach the latter:

in Judgment 1, Chamberlain J determined several preliminary issues...

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