Civil case: The Queen (on the application of 'party')
Thread poster: Carolina Miraglia

Carolina Miraglia
Argentina
Local time: 18:48
English to Spanish
+ ...
Jun 18, 2016

Good morning to all. I'm a Translation's Argentinian student and I'm near graduation. I'm working on my dissertation in which I'm given two documents of different cases (one in Spanish and the other in English) which I have to analyze and translate. Regarding the document in English (UK), which is a judgment from the Court of Appeal (Civil Division), I can see the following at the caption of the case:

The Queen (on the appplication of John David Andrews) - Appellant
- and -
Secretary of State for Environment, Food and Rural Affairs - Respondent

My doubt about this is why does the Queen appear as a party to the case on the application of the actual private party, as this is a civil case and not a criminal case. I tried to looked this up on the Internet and on several books but I could only find that in criminal cases specifically the name of the case contains the Queen (R for Latin Regina) because in this type of cases the State is the party bringing the case to court.

Any ideas? If you could also provide some source I would be grateful. Thank you very much

[Edited at 2016-06-18 14:21 GMT]


 

Liviu-Lee Roth
United States
Local time: 17:48
Romanian to English
+ ...
it depends Jun 19, 2016

I do not live in the UK, but I think that an entity (Secretary of State for Environment, Food and Rural Affairs - Respondent) may sue the Crown over some legal issues. In this case, it seems that "The Queen" appealed a previous decision.

This is my take
Lee


 

Carolina Miraglia
Argentina
Local time: 18:48
English to Spanish
+ ...
TOPIC STARTER
Secretary of State is the Defendant Jun 21, 2016

liviu roth wrote:

I do not live in the UK, but I think that an entity (Secretary of State for Environment, Food and Rural Affairs - Respondent) may sue the Crown over some legal issues. In this case, it seems that "The Queen" appealed a previous decision.

This is my take
Lee


According to the document (which is an approved judgment in favour of the Queen/Andrews), the case begins with an action brought by Andrews and not by the Secretary of State. The case is on a third appeal level because the previous two appeals entered by the Appellant had been dismissed. Thank you very much though


 

Marco Casagrande
Italy
Local time: 23:48
English to Italian
+ ...
It is a judicial review Jun 22, 2016

In the UK (or at least in England), the judicial review of an act by the public Authorities can be asked only by the Sovereign.
In order to allow a person to challenge an unlawful act, the Queen will do so "on the application" of such person (or entity).
I guess this is a formal homage to the principle of separation of powers. Similarly, in Italy some administrative suits are formally "petitions to the Chief of State".

[Edited at 2016-06-22 08:48 GMT]


 

Paul Skidmore  Identity Verified
Germany
Local time: 23:48
German to English
Judicial review Jun 22, 2016

In English administrative law, this is how the parties to judicial review cases are cited.

The convention is that the Queen brings the action on behalf of the individual who alleges that he has been wronged.


 

Andrea Muller  Identity Verified
United Kingdom
Local time: 22:48
English to German
+ ...
Some links Jun 22, 2016

Paul is right, that's how judicial review proceedings are named now. It used to be R v [Name of public body] ex parte [Name of claimant]

If go to page 10 of this document (which will probably tell you more about JR than you ever wanted to know..), it says: "Judicial review proceedings are brought in the name of the Crown. Cases are often listed in the following way: R (on the application of A) v B, following the decision to cease using the Latin term “ex parte.”13 In the case of R v Commissioner of Customs and Excise, ex p Kay and Co14 Mr Justice Keene indicated that “it might be thought that […] the bringing of
[…] judicial review proceedings in the name of the Crown is no more than a formality.
However, it reflects the fact that the court is dealing with what are essentially issues of
public law.”
Link: www.parliament.uk/briefing-papers/RP06-44.pdf

Judicial review is not really the same as an appeal, it is often used when there is no right of appeal or when all appeal rights have been exhausted. But it can also be part of the appeal process, like for example in appeals against planning decisions. (See fourth paragraph in this: https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/high-court/queens-bench-division/courts-of-the-queens-bench-division/administrative-court/

And as JR is often used to challenge the government, it is quite controversial: http://www.newlawjournal.co.uk/nlj/content/judicial-review-battle-won-who-will-win-war


 

Carolina Miraglia
Argentina
Local time: 18:48
English to Spanish
+ ...
TOPIC STARTER
Resolved Jun 24, 2016

I think that those answers clears up my doubt then because my document is a judgment of an appeal made once a previous judicial review had been dismissed. Thank you again to all

 


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Civil case: The Queen (on the application of 'party')

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