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(Queen's Bench Division; King J; 30 June 2008)
The appeal tribunal allowed the mother's appeal against an assessment of the maintenance to be paid by the father, and recalculated the maintenance figure. The father's subsequent appeal was rejected. The father's appeal to the Commissioner's Office was significantly out of time, and the Commissioner refused to consider it. The father sought leave to judicially review the Commissioner's decision.
Refusing permission for judicial review, the court noted that there was a residual jurisdiction to allow judicial review of the Commissioner's decision, by analogy with the jurisdiction to allow judicial review of a decision of a county court refusing permission to appeal, but such jurisdiction was narrowly confined to 'errors of law going to jurisdiction', or cases in which there had been a clear breach of natural justice. This case was outside that narrow jurisdiction.
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