Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing.
Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding right in a civil action. Al Mehdawi holds that a failure on the part of a party to be present due to the negligence of the party’s advisor gives no ground for quashing the decision, and is binding. Appeal refused.
Judges:
Lord Justice Waller Lord Justice Carnwath And Sir William Aldous
Citations:
[2004] EWCA Civ 1689, Times 21-Dec-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Liverpool City Council v Pleroma Distribution Ltd Admn 21-Nov-2002
The defendant had applied for an adjournment of the council’s application for a liability order. The court made an order without considering the application, not having been told of it. On later discovering the application, they set aside the . .
Cited – McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions CA 29-Feb-2000
The courts must recognise the need to protect the identity of children involved in criminal proceedings. This derived both from national statute and from international law and practice. Nevertheless, the court had the discretion in appropriate cases . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Rex v Marsham ex parte Pethick Lawrence 1912
The magistrate had failed to swear a witness and purported to convict the applicant in that case. The case was reheard on sworn evidence.
Held: The court refused to quash the conviction. The magistrate correctly treated the first hearing as ‘a . .
Cited – Bannister v Clarke 1920
The act of the justices in purporting to commit the appellant for trial on five informations was a nullity and thus did not deprive the justices of jurisdiction to hear those informations summarily at a subsequent date. . .
Cited – Regina v West 1964
The justices had purported to hear and determine an information of accessory after the fact of a larceny.
Held: The action was a nullity; and thus the defendant’s acquittal was also a nullity. The justices had therefore not exhausted their . .
Cited – Rex v Norfolk Justices and Another ex parte Director of Public Prosecutions 1950
The justices, having convicted a defendant, purported first to commit him to quarter sessions for sentence but the case was not one to which the sub-section applied.
Held: The committal was a nullity and the justices were entitled to proceed . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Lists of cited by and citing cases may be incomplete.
Rating, Magistrates
Updated: 22 November 2022; Ref: scu.220271