Racal Communications Ltd, Re [1980] UKHL 5 (03 July 1980)

Racal Communications Ltd, Re [1980] UKHL 5 (03 July 1980)

"f the proper view of the action taken by the Court of Appeal in the instant case is that they purported to exercise on their own behalf that jurisdiction which they concluded Vinelott J. had " renounced ", they were in effect conducting a judicial review of a High Court decision. But it has to be said that they had no power to do that. The Court of Appeal is a member of the Supreme Court of Judicature, but" it is not a member of the High Court " (per Scrutton, L.J. in In re Carroll [1931] 1 K.B. 105, at 107), and all applications, for judicial review must be made to a Divisional Court of the Queen's Bench Division and in the manner prescribed by R.S.C., Order 53, r. 3.