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On 18 January 2002 in Court 10 at the Royal Courts of Justice, Strand, London, the Hon. Mr. Justice Burton presided over the hearing to determine whether J B Hunt would be granted permission to apply for Judicial Review of the ITC's rejection of his complaint against Granada Television. 

Early on in the proceedings Mr. Justice Burton granted Hunt permission to amend his claim form to include an additional new Ground upon which to seek Judicial Review: namely, that the ITC's refusal to allow him the right to scrutinise Granada's submission was unfair.

After hearing arguments lasting two hours from Mr. Jonathan Moffett, Counsel for the ITC; and J B Hunt, acting in person, Mr. Justice Burton judged that Hunt had shown that there was an arguable case that the ITC's rejection of his complaint was irrational.  Accordingly he granted Hunt permission to apply for Judicial Review of the ITC's rejection of his complaint.  The judge also granted permission on the new, second Ground, conditional upon a number of factors.

After receiving Mr. Justice Burton's Order, Hunt amended his claim form as directed, to which he attached a new Ground; together with a 'Statement of Facts' in support of the new Ground. 

Hunt's new Ground is reproduced below, encapsulating word-for-word the six points of the Hon. Mr. Justice Burton's Order.

Hunt's Statement of Facts supporting this new Ground is reproduced overleaf.

Claimant

Defendant

At the hearing of 18 January 2002 in the above matter, the Honourable Mr Justice Burton gave the Claimant permission to add an extra Ground to his claim form N461 seeking Judicial Review against the ITC, subject to certain conditions.  On 21 January the Administrative Court Office issued Mr Justice Burton's Order listing six decisions listed below, of which numbers 1, 3, & 4 relate to this new Ground:

1. The Claimant be granted permission to amend his Claim Form to add an additional Ground of review, namely the Defendant erred in law by adopting an unfair procedure when reaching its decision, in that it failed to provide to the Claimant a copy of the Interested Party's submissions;

2. The Claimant be granted permission to apply for Judicial Review of the Defendant's decision on the ground that the Defendant failed to comply with S 6(1)(c) and/or S 6(3)(b) of the Broadcasting Act 1990, in that it reached a decision which was irrational;

3. The Claimant be refused permission to apply for Judicial Review of the Defendant's decision on the ground that the Defendant erred in law by adopting an unfair procedure when reaching its decision;

4. The Claimant have permission to apply with respect to (3) above should any disclosure provided by the Defendant or the Interested Party indicate that the ground is more than academic interest.

5. The Claimant's application for Judicial review be listed for a substantive hearing with a time estimate of 1 day; and

6. There be no order for costs.

A copy of the Order allowing this new Ground is attached.

A Statement of Facts supporting this new Ground is attached

Jonathan Boyd Hunt

24 January 2002

Hunt's submission to the Court

Statement of Facts supporting this New Ground