C, R (on the application of) v London Borough of Enfield, Court of Appeal - Administrative Court, September 30, 2004, [2004] EWHC 2297 (Admin)

Reporting Judge: [2004] EWHC 2297 (Admin)

President: C, R (on the application of) v London Borough of Enfield

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C, R (on the application of) v London Borough of Enfield, Court of Appeal - Administrative Court, September 30, 2004, [2004] EWHC 2297 (Admin)

SMITH BERNAL WORDWAVE

CO/3210/2004

Neutral Citation Number: [2004] EWHC 2297 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Thursday, 30th September 2004

B E F O R E:

MR JUSTICE JACKSON

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THE QUEEN ON THE APPLICATION OF C

(CLAIMANT)

-v-

LONDON BOROUGH OF ENFIELD

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

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MR R LATHAM (instructed by Harter and Loveless) appeared on behalf of the CLAIMANT

MR H HARROP-GRIFFITHS (instructed by the London Borough of Enfield) appeared on behalf of the DEFENDANT

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J U D G M E N T

1. MR JUSTICE JACKSON: This judgment is in four parts, namely part one, introduction; part two, the facts; part three, the present proceedings; and part four, decision.

1. Introduction

2. This is a claim for judicial review. The claimant challenges the assessment of her age, which has been made by the London Borough of Enfield. The claimant maintains that she is a child who was born on 12th February 1987. The London Borough of Enfield maintains that the claimant is an adult.

3. The Secretary of State was originally joined as an interested party in these proceedings. However, the Secretary of State has accepted that the claimant was born on 12th February 1987, and so he plays no part in the defence of these proceedings. The Secretary of State has faded out of the picture and I need not deal with any arguments which have been adumbrated against the Secretary of State at an earlier stage. The only relevant defendant is the London Borough of Enfield and, accordingly, I shall refer to the London Borough of Enfield as "the defendant".

4. Let me next say a few words about the background material against which this dispute arises. Secti...

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