Caswell v Dairy Produce Quota Tribunal [1990]

Facts

  • Caswell wished to appeal against the Dairy Produce Quota Tribunal’s decision not to grant him a quote to provide milk, paid for under statute to prevent the over-production of milk nationally

Issue

  • Could such an appeal be bought after 2 years, where no knowledge of the possibility was held of the opportunity to make such a claim

Decision

  • No, permission denied

Reasoning

  • Nescience is no way to circumvent the delay requirement set out in s 31(6) of the Senior Courts Act 1981
  • The court imposed a 3 month time limit on the making of judicial review claim, unless the court had exceptional grounds to allow otherwise
RELATED CASE  Taylor v Chief Constable of Thames Valley Police [2004]

Posted in Public Law Revision Notes.

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