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Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Dulai and Others, Regina (on The Application of) v Chelmsford Magistrates’ Court and Another: Admn 26 Apr 2012

The claimants challenged the issue of search and seizure warrants. Held: Stanley Burnton LJ set out the principle which the courts ought to apply in the context of search warrants: ‘The question for this court, in judicial review proceedings, is whether the information that it is alleged should have been given to the magistrate might … Continue reading Dulai and Others, Regina (on The Application of) v Chelmsford Magistrates’ Court and Another: Admn 26 Apr 2012

Ellison, Regina (on The Application of) v Teesside Magistrates’ Court: Admn 16 Jan 2001

Contention that committal in custody was without jurisdiction. Held: ‘the magistrates were under a misapprehension as to how to deal with the situation where a defendant is granted bail by the magistrates or a Crown Court and then does not comply with the conditions of the bail so that he is brought back before the … Continue reading Ellison, Regina (on The Application of) v Teesside Magistrates’ Court: Admn 16 Jan 2001

John Shaw Stewart, Esq v The Magistrates and Council of Greenock: HL 2 Mar 1779

Held in the Court of Session, that by law, the ground to be chosen for erecting a new churchyard, is a burden upon the heritors of the parish; and the ground contiguous or adjoining to the old churchyard is to be set off, reserving to the heritor relief for the value against the other heritors, … Continue reading John Shaw Stewart, Esq v The Magistrates and Council of Greenock: HL 2 Mar 1779

Walsh v Pollokshaws Magistrates and Others: HL 3 Dec 1906

The Licensing (Scotland) Act 1903 does not interfere with the discretion of the Licensing Authority, and consequently an action to reduce a deliverance of such licensing authority save on the ground of its having exceeded its statutory jurisdiction, or its having refused a hearing allowed by statute, or of actual corruption, is irrelevant. A licence-holder … Continue reading Walsh v Pollokshaws Magistrates and Others: HL 3 Dec 1906

The Magistrates and Town Council of The Burgh of Rutherglen v James Cullen, Wright At Whitehills, James Weir of Hill, and Samuel Steil of Town Head: HL 12 Mar 1773

Contract – Error in Essentials.- A contract specified for the building of a bridge from Rutherglen across the river Clyde, and enumerated the height of abutments, and dimensions otherwise, and referred to a plan. But omitted to mention any thing about the depth of the foundation below the bed of the river, which, from the … Continue reading The Magistrates and Town Council of The Burgh of Rutherglen v James Cullen, Wright At Whitehills, James Weir of Hill, and Samuel Steil of Town Head: HL 12 Mar 1773

John Deas and Others, Feuars In Prince’S Street, Within The Extended Royalty of The City of Edinburgh, and Proprietors of Houses There v The Lord Provost, Magistrates, and Council of Edinburgh: HL 10 Apr 1772

This was a bill of suspension and interdict applied for by the proprietors and feuars of the houses in Prince’s Street, against the Magistrates and Town Council of Edinburgh, to interdict and prohibit the building and erecting houses opposite their feus, in Prince’s Street gardens, then called the North Loch, in violation of the Plan … Continue reading John Deas and Others, Feuars In Prince’S Street, Within The Extended Royalty of The City of Edinburgh, and Proprietors of Houses There v The Lord Provost, Magistrates, and Council of Edinburgh: HL 10 Apr 1772

William Milne, Architect In Edinburgh, and Alexander Brown, Merchant In Edinburgh, and Robert Milne, Architect In London, His Cautioners v The Magistrates and Town Council of Edinburgh: HL 15 Feb 1770

Arbitration Clause – Contract.-A contract in regard to the execution of the works in building a bridge, contained a clause, referring all differences and disputes to two neutral men of skill, as arbiters to be chosen, and in case of them differing, with power to them to choose an oversman, whose determination was to be … Continue reading William Milne, Architect In Edinburgh, and Alexander Brown, Merchant In Edinburgh, and Robert Milne, Architect In London, His Cautioners v The Magistrates and Town Council of Edinburgh: HL 15 Feb 1770

Colonel James St Clair of St Clair v The Magistrates and Town Council of The Burgh of Dysart: HL 8 Mar 1780

Servitudes – OF Bleaching – Of Foot Road – Of Taking Water – Prescription – Use and Possession – A servitude of bleaching linen sustained; also a servitude in favour of the inhabitants of a burgh, of taking water from the wells in a neighbouring heritor’s property for family use, as well as a servitude … Continue reading Colonel James St Clair of St Clair v The Magistrates and Town Council of The Burgh of Dysart: HL 8 Mar 1780

George Wishart, Dd, and All The Other Ministers of The Gospel In Edinburgh v The Magistrates of Edinburgh: HL 17 Feb 1766

Jurisdiction of Court of Teinds – Stipend.- Held the Court of Teinds has no jurisdiction to augment the stipend of ministers out of any other funds than the tithes of the parish, where the minister serves the cure, and, therefore, that they had no jurisdiction to augment the stipends of the ministers within the city … Continue reading George Wishart, Dd, and All The Other Ministers of The Gospel In Edinburgh v The Magistrates of Edinburgh: HL 17 Feb 1766

Walker, Bailie of Edinburgh, Stuart, Hogg, Gibson, and Others v Drummond, Lord Provost, and Others, Magistrates and Councillors of Edinburgh: HL 13 Mar 1764

Patronage of the City Churches. – The rights of presentation to the parish churches of the city of Edinburgh belong to the Lord Provost, Magistrates, and Town Council, as patrons thereof; and the Presbytery of Edinburgh, by their several Kirk Sessions, has no voice in the election or presentation to any vacancies in the parish … Continue reading Walker, Bailie of Edinburgh, Stuart, Hogg, Gibson, and Others v Drummond, Lord Provost, and Others, Magistrates and Councillors of Edinburgh: HL 13 Mar 1764

Thomas, Lord Erskine of Alva, and John Erskine of Balgownie v The Magistrates and Town-Council of Stirling; Michael Potter of Easter Livylands and Robert Galloway of Burrowmeadow: HL 20 Mar 1765

Salmon Fishing in the Forth – Act 1698. – Held that the appellants were prohibited by the above Act from using a stoupnet, which was a species of pock-net, in their fishing salmon in the river or Firth of Forth, and that they were not entitled to use either pock-net or herrywater net, in said … Continue reading Thomas, Lord Erskine of Alva, and John Erskine of Balgownie v The Magistrates and Town-Council of Stirling; Michael Potter of Easter Livylands and Robert Galloway of Burrowmeadow: HL 20 Mar 1765

Essence Bars (London) Ltd (T/A Essence), Regina (on The Application of) v Wimbledon Magistrates’ Court and Another: CA 3 Feb 2016

Appeal from rejection of appeal against revocation of the appellants premises licence. The respondent said that the notice of appeal had been in the wrong form. Beatson, Simon LJJ, Sir Robin Jacob [2016] EWCA Civ 63 Bailii Licensing Act 2003 England and Wales Licensing Updated: 10 January 2022; Ref: scu.559506

O’Connor v Aldershot Magistrates’ Court: Admn 15 Oct 2015

The claimant had been a defendant appearing at the respondent Court, and challenged orders made to exclude his supporters from the court. It was not suggested that there had been any disruption of the proceedings, but the order was made on the recommendation of the Court’s security manager. Held: permission was given to bring judicial … Continue reading O’Connor v Aldershot Magistrates’ Court: Admn 15 Oct 2015

Neill v North Antrim Magistrates’ Court: HL 1992

The question before the House was whether a committal was a nullity when the magistrate had received inadmissible evidence. Held: Committal proceedings should only be judicially reviewed in cases of ‘really substantial error leading to demonstrable injustice’. Lord Mustill stated: ‘I think it would be impossible to maintain that all errors of this kind on … Continue reading Neill v North Antrim Magistrates’ Court: HL 1992

George Smollett, Provost, Et Alii, Magistrates of Dumbarton v William Buntein, Et Alii, Burgesses of Dumbarton: HL 19 Feb 1730

Burgh royal. – desuetude. – election – The acts 1503, C. 80, 1535, c. 26, and 1609, c. 8, which disable persons not being actual traders and residenters within the burgh from being elected Magistrates, found to be in desuetude. A councillor having been imprisoned on the eve of the election in virtue of a … Continue reading George Smollett, Provost, Et Alii, Magistrates of Dumbarton v William Buntein, Et Alii, Burgesses of Dumbarton: HL 19 Feb 1730

The Magistrates and Town Council of Perth v Messrs Thomas Black, William Stewart, and William Wilson, Ministers of Perth; George Fauhney and George Robertson, Hospital Masters of Perth; Mr Robert Lyon, Moderator of The Presbytery of Perth: HL 6 Mar 1730

Title to Pursue – A presbytery may pursue in the name of a kirk-session within their bounds, upon a grant made to that kirk-session for charitable uses. Prescription – Possession during forty years without a title not sufficient, in order to plead the negative prescription. [1730] UKHL 1 – Paton – 39, (1730) 1 Paton … Continue reading The Magistrates and Town Council of Perth v Messrs Thomas Black, William Stewart, and William Wilson, Ministers of Perth; George Fauhney and George Robertson, Hospital Masters of Perth; Mr Robert Lyon, Moderator of The Presbytery of Perth: HL 6 Mar 1730

Alexander Mill of Hatton, William Ross, and David Butter, Baillies of The Town of Montrose, for Themselves and Other Magistrates of The Said Town v Colonel Robert Reid and Others, Members of The Town Council of The Said Burgh: HL 23 Jan 1723

Member of parliament – In an action to reduce the election of certain magistrates of a royal burgh, on account of the imprisonment of certain of the electors by the provost, who was a member of parliament: the provost’s privilege of parliament could not be pleaded to stop the declarator against the other defenders, as … Continue reading Alexander Mill of Hatton, William Ross, and David Butter, Baillies of The Town of Montrose, for Themselves and Other Magistrates of The Said Town v Colonel Robert Reid and Others, Members of The Town Council of The Said Burgh: HL 23 Jan 1723

Hewitt, Regina (on The Application of) v Denbighshire Magistrates’ Court: Admn 22 Oct 2015

The claimant, a hunt protester appealed against her conviction for harassment saying that the judge had given the appearance of being biased. He had, on being asked denied being a member of the hunting community. She said that he had whilst in private practice represented on two occasions members of that community. Held: The appeal … Continue reading Hewitt, Regina (on The Application of) v Denbighshire Magistrates’ Court: Admn 22 Oct 2015

The Corporation of Butchers in Edinburgh v The Magistrates of Edinburgh, and Corporation of Candle-Makers There: HL 29 Jun 1715

Burgh Royal – The Court of Session having found that the butchers of Edinburgh should be restrained from rinding tallow for sale, and that the magistrates could oblige them to sell their tallow at a certain price to the candle makers, which was in terms of a bye-law of the magistrates, ratified by a private … Continue reading The Corporation of Butchers in Edinburgh v The Magistrates of Edinburgh, and Corporation of Candle-Makers There: HL 29 Jun 1715

John Scott of Hedderwick Esq; v The Magistrates and Town Council of Montrose: HL 5 Jun 1714

Teind Court. – An Action of valuation being suffered to fall asleep, the minister lets a tack of the teinds to the magistrates of a royal burgh, and the action being wakened, these magistrates ought to have been called as parties. A decree of valuation, obtained on a mistake as to the rental, fet aside, … Continue reading John Scott of Hedderwick Esq; v The Magistrates and Town Council of Montrose: HL 5 Jun 1714

Regina v Swindon Magistrates’ Court; Swindon Crown Court; Chief Constable of Wiltshire Police ex parte Nangle, Regina v Staines Magistrates’ Court; Metropolitan Police Commissioner ex parte Westfallen, Regina v Staines: Admn 2 Dec 1997

The claimants challenged decisions of the magistrates in cases where they had refused to ask how the claimants had been brought within the jurisdiction. They said that they had been brought here under wrongful disguised extraditions. [1997] EWHC Admin 1076 England and Wales Magistrates, Extradition Updated: 03 January 2022; Ref: scu.138021

Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997

That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily. Times 09-Dec-1997, Gazette 17-Dec-1997, [1997] EWHC Admin 1045 Magistrates Courts Act 1980 127, Companies Act 1986 731(2) England and Wales Criminal Practice, Company Updated: 03 January 2022; … Continue reading Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997

James Greenshields, Clerk v The Lord Provost and Magistrates of The City of Edinburgh: HL 1 Mar 1711

An appeal competent, though objection made that it implicated the sentence of a presbytery. Proceedings against an episcopal minister, before the Toleration Act, 10 Ann. c. 7. who had been imprisoned for exercising his function, reversed on appeal. [1711] UKHL Robertson – 12, (1711) Robertson 12 Bailii Scotland Ecclesiastical Updated: 28 December 2021; Ref: scu.553453

Richards, Regina (on The Application of) v Teesside Magistrates’ Court and Another: CA 16 Jan 2015

The court was asked whether the powers conferred under the Sexual Offences Act 2003 (‘the SOA 2003’) enable a person who is subject to a Sexual Offences Prevention Order (‘SOPO’) to be required to wear a Location Monitoring Device, ‘a tag’, when away from the premises at which he is residing or staying overnight. The … Continue reading Richards, Regina (on The Application of) v Teesside Magistrates’ Court and Another: CA 16 Jan 2015

Hull and Holderness Magistrates’ Court v Darroch and Another: Admn 15 Dec 2014

The applicants had successfully appealed against summary convictions under the 1988 Act for the dishonest receipt of broadcasts of Premier League football matches. They now sought a third party order for costs agaiinst the League despite their having had no direct part in the prosecution. Foskett, Carr DBE JJ [2014] EWHC 4184 (Admin) Bailii Copyright, … Continue reading Hull and Holderness Magistrates’ Court v Darroch and Another: Admn 15 Dec 2014

Regina (on the application of Junttan Oy) v Bristol Magistrates’ Court: QBD 2002

‘I have found this issue one of considerable difficulty and finely balanced. However, I have come to the conclusion that it is inappropriate and wrong for the Health and Safety Executive to prosecute for an offence under section 6 of the 1974 Act when there is a specific statutory offence under the Regulations covering exactly … Continue reading Regina (on the application of Junttan Oy) v Bristol Magistrates’ Court: QBD 2002

Nicholas v Chester Magistrates Court: Admn 11 Jun 2009

The claimant sought judicial review of a refusal by the respondents to state a case. Stanley Burnton LJ, Wilkie J [2009] EWHC 1504 (Admin), (2009) 173 JP 542 Bailii England and Wales Cited by: Cited – Director of Public Prosecutions v Alexander Admn 27-Jul-2010 The defendant had crashed his car after driving off with a … Continue reading Nicholas v Chester Magistrates Court: Admn 11 Jun 2009

Hamill v The Chelmsford Magistrates’ Court and Another: Admn 8 Aug 2014

The claimant had been convicted of a sexual offence many years before and was initially subject to an indefinite obligation to report his whereabouts to the police. After section 91B of the 2003 Act came in he asked for the requirements to be discontinued. He now challenged a refusal by the police and magistrates to … Continue reading Hamill v The Chelmsford Magistrates’ Court and Another: Admn 8 Aug 2014

AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court: Admn 4 Jul 2014

The claimant solicitors had successfully challenged search warrants issued by the respondents and been awarded their costs. Rafferty LJ, Stuart-Smith J [2014] EWHC 2179 (Admin) Bailii Citing: Cited – Malkinson v Trim CA 13-Sep-2002 The court was asked: ‘is a solicitor who has been represented by his own firm in the successful defence of proceedings … Continue reading AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court: Admn 4 Jul 2014

London Borough of Tower Hamlets v Merrick and Thames Magistrates’ Court: Admn 17 Oct 2001

The authority requested a liability order for rates arrears over several years. On appeal, it was held that there was nothing in the regulations to a liability order to be restricted to one year. That a demand had to be served for each year did not require separate proceedings. Convenience and the minimising of costs … Continue reading London Borough of Tower Hamlets v Merrick and Thames Magistrates’ Court: Admn 17 Oct 2001

Paolo, Regina (on The Application of) v City of London Magistrates Court: Admn 20 Jun 2014

The claimant challenged the issue of a warrant which the first defendant, the City of London Magistrates’ Court, issued on the application of the interested party, the Commissioner of Police for the City of London. The grounds of challenge were non-disclosure by the police to the court granting the warrant, and error on the part … Continue reading Paolo, Regina (on The Application of) v City of London Magistrates Court: Admn 20 Jun 2014

VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014

The applicants challenged their extradition to Rwanda to stand trial for matters which would be an offence under the laws of both countries. Application was made for evidence to be given in secret and without disclosure to the requesting state. Held: The Court discharged the appellants on the ground that the appellants faced a real … Continue reading VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014

Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013

The claimants challenged the issue and implementation of a search warrant,and sought the return of items seized. The police acknowledged that the search had been unlawful, but sought to retain the materials seized. The warrant had been presented as a specified premises warrant, but should have been an ‘all premises’ warrant. Treacy LJ, King J … Continue reading Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013

Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that the Magistrates could not have been satisfied that there were reasonable grounds for … Continue reading Lee and Others v Solihull Magistrates Court and Another: Admn 5 Dec 2013

W v Warrington Magistrates Court: Admn 30 Jun 2009

Application for permission to apply for judicial review with the hearing to follow if permission is granted. W seeks to quash decisions of Warrington Magistrates Court by which, at a Youth Court, he was convicted of attempted rape on 17 October 2008 and of three sexual assaults on 13 November 2008. [2009] EWHC 1538 (Admin) … Continue reading W v Warrington Magistrates Court: Admn 30 Jun 2009

Richards, Regina (on The Application of) v Teesside Magistrates Court and Another: QBD 30 Jul 2013

The claimant sought to challenge the variation of a Sexual Offences prevention order made against him which had the effect of imposing a curfew on him unless subject to electronic monitoring. The The request for judicial review failed. McCombe LJ, Stewart J [2013] EWHC 2208 (QB) Bailii Sexual Offences Act 2003 104 England and Wales … Continue reading Richards, Regina (on The Application of) v Teesside Magistrates Court and Another: QBD 30 Jul 2013

Polomski v Westminster Magistrates’ Court: Admn 4 Jul 2013

The court considered the new Tariff expired removal scheme, for foreign national prisoners serving an indeterminate sentence, either imprisonment for life or imprisonment for public protection, allowing those prisoners who are confirmed by the Home Office to be liable to removal from the United Kingdom to be removed from the country from the date their … Continue reading Polomski v Westminster Magistrates’ Court: Admn 4 Jul 2013

M v Burnley, Pendle and Rossendale Magistrates’ Court: Admn 14 Oct 2009

The question in issue in this application for judicial review of the Burnley, Pendle and Rossendale Magistrates’ Court is whether that court properly exercised its powers to proceed to a determination in the absence of the defendants. Mr Justice Langstaff [2009] EWHC 2874 (Admin), (2010) 174 JP 102 Bailii England and Wales Magistrates Updated: 12 … Continue reading M v Burnley, Pendle and Rossendale Magistrates’ Court: Admn 14 Oct 2009

Magistrates of Leith v Leith Dock Commissioners: HL 25 Jul 1899

The Public Health (Scotland) Act 1867, by section 95, authorises the local authority to impose assessments for the expenses incurred by them ‘in executing this Act.’ The Magistrates of Edinburgh introduced into Parliament a bill, the purpose of which, inter alia, was to have the burgh of Leith amalgamated with and made part of the … Continue reading Magistrates of Leith v Leith Dock Commissioners: HL 25 Jul 1899

Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012

The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012

Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

Magistrates of Edinburgh v North British Railway Co: SCS 1904

First Division of the Court of Session – A claim was made that a railway company, which was a statutory undertaker, was obliged to maintain a railway bridge over which a public right of way. Held: There was insufficient evidence of public user for 40 years. Also, the public could not acquire a public right … Continue reading Magistrates of Edinburgh v North British Railway Co: SCS 1904

Johnson v Westminster Magistrates’ Court: Admn 3 Jul 2019

Public Office Misconduct – Acting As not While The claimant sought judicial review of a decision to issue a summons against him alleging three offences of misconduct in public office. He was said to have issue misleading statements in support of the campaign leading up to the Referendum on leaving Europe. Held Review was granted: … Continue reading Johnson v Westminster Magistrates’ Court: Admn 3 Jul 2019

Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences. Held: The magistrate was vested with jurisdiction to consider whether summonses issued by a convicted defendant amounted to an abuse of process, and … Continue reading Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance. Held: There was a clear breach of section 16(5). The officers had followed the guidance, … Continue reading Bhatti and Others v Croydon Magistrates’ Court and Others: Admn 3 Feb 2010

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Asliturk v The City of Westminster Magistrates’ Court: Admn 12 Aug 2010

The claimants sought judicial review of the respondents’ refusal to order their discharge from extradition proceedings. The extradition hearing had not been commenced within the time specified in section 74. Though listed, through a prison error, the claimants were not produced from prison, and their solicitors were not notified. Only a bail application was heard. … Continue reading Asliturk v The City of Westminster Magistrates’ Court: Admn 12 Aug 2010

Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

The company appealed against liability orders made against it for non-payment of domestic rates, saying that in each case it had not been the rateable occupier. The property had been subdivided and let to companies of which the appellant was a holding company. Held: The appeal was allowed. The property was a single heraditament. To … Continue reading Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

VB and Others v Westminster Magistrates: SC 5 Nov 2014

Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014

Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another: CA 19 Oct 2009

The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. The Commission sought to forfeit an amount equal to the donations. The Commission argued that … Continue reading Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another: CA 19 Oct 2009

Regina v Camberwell Green Magistrates’ Court ex parte Ibrahim: 1984

Taylor J said: ‘In my judgment, it is unfair and contrary to the interests of justice that simply because the applicant arrived half an hour late, she should be barred for ever from raising such defence as she wishes to what could be regarded as a serious charge.’ Taylor J [1984] 148 JPL 400 England … Continue reading Regina v Camberwell Green Magistrates’ Court ex parte Ibrahim: 1984

Szklanny v City of Westminster Magistrates’ Court and Another: Admn 23 Oct 2007

The defendant appealed against a decision of the court to extend the time for his extradition to Poland. Held: The Directive was intended to achieve speedy extraditions, and should be read purposively. It was not necessary to read it in the way argued for by the defendant that an extension of time should be granted … Continue reading Szklanny v City of Westminster Magistrates’ Court and Another: Admn 23 Oct 2007

Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010

The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010

Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia): Admn 10 Feb 1997

The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical exercise of comparing previous delays in those cases with the delays in the instant … Continue reading Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia): Admn 10 Feb 1997

AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014

The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that they had assisted the escape. Held: The warrants had been issued unlawfully. They had been … Continue reading AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another: Admn 10 Apr 2014

Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

Kay and Another, Regina (on The Application of) v Leeds Magistrates’ Court and Another: Admn 23 May 2018

Full Duty of Disclosure on Private Prosecutor The claimant challenged the issue of a summons by the magistrate on the complaint of a private prosecutor. Held: The challenge succeeded. A private prosecutor and his lawyers had a duty of candour and of full disclosure. The prosecutor having failed in this, and the magistrate having failed … Continue reading Kay and Another, Regina (on The Application of) v Leeds Magistrates’ Court and Another: Admn 23 May 2018

Secerno Ltd and Others v Oxford Magistrates Court and Another: Admn 19 Apr 2011

The applicants each sought judicial review of a decision of the magistrate that he did not have jurisdiction to decline to issue liability notices. They argued that the Council had failed to issue the required notices before placing the properties on the List. Held: The appeal failed. The role of the Magistrates Court was limited … Continue reading Secerno Ltd and Others v Oxford Magistrates Court and Another: Admn 19 Apr 2011

Doughty v Ely Magistrates’ Court and Another: Admn 7 Mar 2008

The claimant sought judicial review. He practised giving evidence as to the operation of traffic speed cameras. The defendant magistrates had declined to accept his evidence saying that he was not an expert. Held: ‘Whether someone is competent to give expert evidence has to be determined not on a generalised basis but as a focussed … Continue reading Doughty v Ely Magistrates’ Court and Another: Admn 7 Mar 2008

Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995

No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995

Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court: Admn 30 Apr 2010

The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review by the defendant’s officers. He now pursued a private prosecution. Held: The review was … Continue reading Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court: Admn 30 Apr 2010

The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another: SC 29 Jul 2010

UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of forfeiture, where it said that an order ‘may’ be made, and whether … Continue reading The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another: SC 29 Jul 2010

Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016

The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution of CCTV film of the custody suite. The court had refused permission to proceed with … Continue reading Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016

Firth v Epping Magistrates Court: Admn 3 Feb 2011

The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011

Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008

In convicting the defendant, the magistrates announced that they had done so on the balance of probabilities. At a later hearing magistrates sought to set aside the decision and relist the case for a new hearing. They refused to state a case. The defendant sought judicial review. Held: Magistrates did not have power of their … Continue reading Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008

Coxon v Manchester City Magistrates Court: Admn 11 Mar 2010

The defendant sought judicial review of the magistrate’s refusal to state a case for an appeal against his conviction for driving with excess alcohol, saying that the intoximeter used had not received type approval as required. The defendant’s expert had been unable to say that the version used differed sufficiently, and the District Judge had … Continue reading Coxon v Manchester City Magistrates Court: Admn 11 Mar 2010