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Theophilus, R (on the application of) v London Borough of Lewisham, Court of Appeal - Administrative Court, July 08, 2002, [2002] EWHC 1371 (Admin)


Case No: CO/1236/2002
NEUTRAL CITATION NUMBER: [2002] EWHC 1371 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Monday 8 July 2002
B e f o r e :

THE HONOURABLE MR JUSTICE SILBER

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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Mr. John Walsh (instructed by Straker Holford for the Claimant)
Ms. Harini Iyengar (instructed by Ms. K. Nicholson for the Defendant)
Mr. Martin Chamberlain (instructed by The Treasury Solicitor for the Interested Party)

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Judgment
As Approved by the Court

Crown Copyright ©

Silber J:

Introduction

Ms. Abimbola Elizabeth Theophilus ("the claimant") seeks to judicially review a decision of the London Borough of Lewisham ("Lewisham") communicated to the claimant on 10 December 2001 that "Central Government funding through the Education (Student Support) Regulations is not available" for her LL. B. course at Griffith College in Dublin. Sir Oliver Popplewell sitting as a Deputy High Court Judge gave the claimant permission to make this application, which then included a claim to enforce an alleged legitimate expectation that she would receive funding as a result of a representation made to her by Lewisham. The claimant now also seeks to claim that Rule 5(4) of the Education (Student Support) Regulations 2001 ("the 2001 Regulations") contravenes Article 49 of the EC Treaty but she needs permission both to amend her claim form and to pursue that claim.

The claimant is a citizen of the United Kingdom, who resides within the local authority area of Lewisham. In early 2001, the claimant first approached the Student Pupil Support Department of Lewisham to enquire whether she would receive student support if she studied law abroad. The claimant wished to study law abroad rather than in England because she had recently been through a stressful and traumatic episode in her personal life and she wished to make a fresh start. Her intention was to obtain a Bachelor of Laws degree and then to practise as a Barrister in England.
The claimant was initially told by Lewisham that she would receive student support provided she studied anywher...
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