Russnak-Johnston v Reading Magistrates’ Court: Admn 26 Jan 2021
Judges: Coulson LJ, Holgate J Citations: [2021] EWHC 112 (Admin), [2021] WLR(D) 64 Links: Bailii, WLRD Statutes:
Judges: Coulson LJ, Holgate J Citations: [2021] EWHC 112 (Admin), [2021] WLR(D) 64 Links: Bailii, WLRD Statutes:
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
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Justices have no power themselves to act to correct a defective CSA liability order. Their role is merely to enforce. Doubts to be remitted to CSA. Citations: Times 08-Feb-1996 Statutes: Magistrates Courts Act 1980 58 Child Support Updated: 15 May 2022; Ref: scu.79909
The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018
Judges: Gosnell HHJ Citations: [2013] WLR(D) 344, [2014] 1 WLR 2658, [2013] EWHC 2481 (Admin) Links: Bailii, WLRD Statutes:
The defendant appealed against a Magistrate’s order for his committal for failure to make payments under a maintenance order registered at the court. Held: The Magistrate did not have power to commit the defendant to prison without having satisfactory evidence of his ability to pay. Judges: Holman J Citations: [2013] EWHC 3688 (Fam), [2014] 1 … Continue reading Constantinides v Constantinides: FD 6 Nov 2013
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
Magistrates returning prisoner on licence to prison because of other offences did not impose further sentence by doing so. Citations: Times 21-Jul-1997, [1997] EWHC Admin 589 Statutes: Criminal Justice Act 1991 40, Magistrates Courts Act 1980 133 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 April 2022; Ref: scu.88350
The defendant entered an unequivocal plea of guilty before the magistrates and was committed for sentence. By the Crown Court. After sentence, he sought to set aside the plea, wanting to file a defence under the 2015 Act, and requested a direction allowing that under section 142 of the 1980 Act. He was refused. Held: … Continue reading Harvey v Director of Public Prosecutions: Admn 29 Jan 2021
The complaint had been laid before Magistrates before the expiration of the time limit, but was only considered and the summons issued after the time limit. The House also considered the power of delegation where a justice of the peace or the clerk did not personally receive or consider the information in question. Held: The … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Hill and others: HL 1993
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
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 nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
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 . .
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