Bernard-Kilbourne, Audrey v The Board of Management of Maldon Primary School

Part 56 of the Civil Procedure Rules – Whether or not application for declaration against public body without application for judicial review an abuse of process – Circumstances in which Reg. 54(2) of the Education Regulations 1980 apply – Effect of fit and proper requirements on membership of school Board – Meaning of “presence” under the Education Regulations 1980 – Effect of an invalid vote on decisions taken by Board – Meaning of “regular assessments” under the Education Regulations 1980 – Factors to be taken into account in exercise of discretion to grant or not to grant declarations