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Cowl and Others v Plymouth City Council, Court of Appeal, 14 December 2001

14 January 2002
The issues

Judicial Review – closure of care home – alternative dispute resolution.

The facts

Plymouth City Council wished to close Granby Way Residential Care Home. The Claimant and 6 other residents of the Home sought Judicial Review of that decision.

The decision

The Appeal was dismissed. In so doing however Lord Woolf passed some remarks with regard to the applicability of ADR. He commented that litigants whether in cases involving public Authorities or not paid insufficient attention to resolving disputes by means of ADR. A Court should take an active role in this area and carefully scrutinise Applications for Judicial Review and make sure using their powers under the Civil Procedure Rules, that the parties tried to resolve the dispute with the minimum involvement of the Courts. The Court might for example decide to hold an inter-parties Hearing at which the parties would have to explain what steps they had taken to resolve the dispute without resorting to litigation.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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