The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he had undertaken. Held: Judicial review proceedings were available if necessary to quash witness summonses issued under … Continue reading Cunliffe, Regina (on the Application of) v West London Magistrates’ Court: Admn 6 Jul 2006
The court was asked whether a defendant can be convicted of driving while disqualified notwithstanding that, subsequent to the act of driving in question, he has successfully appealed against the conviction for which he had earlier been disqualified? The magistrates refused to state a case, saying that the request was frivolous. Held: As to the … Continue reading Regina v Metropolitan Stipendiary Magistrates ex parte Levy: Admn 16 Jun 1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997
The court was asked whether magistrates’ courts have a discretion to extend the time to state a case after the expiration of the 21 days specified in section 111(2) of the Magistrates’ Courts Act 1980 (the 1980 Act) as the time within which an application for a case to be stated for the opinion of … Continue reading Mishra v Colchester Magistrates’ Court: Admn 14 Nov 2017
Judges: Simon LJ, Sir Kenneth Parker Citations: [2017] EWHC 1794 (Admin) Links: Bailii Statutes: Magistrates Court Act 1980 111(1) Jurisdiction: England and Wales Crime, Magistrates Updated: 27 March 2022; Ref: scu.590297
The court heard appeals from rulings under the 2004 Act.
Held: In section 1, the hunting of a wild mammal did not include the search for an animal with a view to flushing it from cover. As to the exemptions, the operation of the 1980 Act and . .
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The grant of a temporary planning permission for a use that has previously been the subject of an enforcement notice has the effect of discharging the enforcement notice for all time, in so far as it relates to that use, rather than merely for the period for which the temporary planning permission is in force. … Continue reading Cresswell and Cresswell v Pearson: Admn 20 Mar 1997
‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the Drug Trafficking Act 1994 (DTA) as meaning … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that … Continue reading Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020
Citations: Times 16-Jun-1998 Statutes: Magistrates Courts Act 1980 111(3) Jurisdiction: England and Wales Magistrates Updated: 15 May 2022; Ref: scu.83101
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
The court considered the power to require magistrates to state a case on an interloctory issue. Held: Where the Justices had not made a final determination they had no jurisdiction to state a case. Section 111 applies only to a final determination of a case. Citations: [1985] QB 920 Statutes: Magistrates Courts Act 1980 11191) … Continue reading Streames v Copping: 1985
The House heard an appeal from the magistrates’ refusal to commit the accused in the course of extradition proceedings. Held: There is no abuse of process jurisdiction in extradition proceedings. There is no power to state a case in relation to committal proceedings.Lord Reid said: ‘It is now well recognised that the court has power … Continue reading Atkinson v Government of the United States: HL 1969
Appeal by way of case stated pursuant to section 111 of the Magistrates Courts Act 1980 against the refusal of the DJ at Oxford Magistrates Court, to stay the prosecution against them as an abuse of process. Judges: Lady Justice Whipple And Mrs Justice Collins Rice Citations: [2022] EWHC 425 (Admin) Links: Bailii Jurisdiction: England … Continue reading Pugsley and Another v Director of Public Prosecutions: Admn 2 Mar 2022
Defendant must plea to charge, and not counsel The defendants had, through their barrister, entered pleas of guilty, but the crown court had declared the convictions invalid because this had to have been done by the defendants personally, and remitted the cases and the confiscation proceedings to the Magistrates. The prosecutor Council now sought to … Continue reading Westminster City Council v Owadally and Another: Admn 17 May 2017
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
