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Regina v Horseferry Road Justices ex parte Hillier: Admn 9 Oct 1998

Challenge to conviction based upon evidence as to contents of evidence bags where there was a discontinuity in its custody. Counsel complained that he had been badgered by the stipendiary magistrate into revealing his defence in advance. Held: Though the evidence was conflicting, the court had to proceed on the assumed basis of counsel’s assertions. … Continue reading Regina v Horseferry Road Justices ex parte Hillier: Admn 9 Oct 1998

Regina v Oldham Justices ex parte Crawley (orse Cawley): 1996

The court set out the duties of magistrates when making a warrant for committal. Simon Brown LJ said that where there has been a criminal conviction the courts have firmly excluded collateral attack by habeas corpus, holding that the only proper remedy lies by way of appeal. Judges: Staughton LJ, Simon Brown LJ Citations: [1996] … Continue reading Regina v Oldham Justices ex parte Crawley (orse Cawley): 1996

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 to sentence and an order was made compelling them to do so. Justices have jurisdiction … Continue reading Rex v Norfolk Justices and Another ex parte Director of Public Prosecutions: 1950

Anwar-Lindley, Regina (on the Application Of) v Lancashire Justices: Admn 12 Apr 2005

The applicant sought judicial review of a refusal by magistrates to state a case for the high court having convicted her of driving with excess alcohol. The magistrates had admitted an error and had indicated that they would not resist an application to quash the conviction. Held: While the court made the order, the magistrates … Continue reading Anwar-Lindley, Regina (on the Application Of) v Lancashire Justices: Admn 12 Apr 2005

Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis: CA 1981

The applicant was sentenced to 18 months’ imprisonment for handling stolen currency notes from travellers at an airport. The police retained cash from his house, which he claimed. He applied for its return. The police not having opposed the application, now sought judicial review of the award of his costs. Held: Lord Denning would have … Continue reading Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis: CA 1981

Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003

Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They applied to the Magistrates who turned down the application. Held: The money should be returned ‘ . . once it is clear that the claimant is … Continue reading Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003

Brighton and Hove City Council v Brighton and Hove Justices and Hamdan: QBD 29 Jul 2004

Stanley Burnton J said that he had no doubt that the appropriate procedure for challenging decisions relating to liability orders is by way of case stated: ‘ the appropriate procedure to challenge the decision of the justices of 28 May 2003 was by appeal by way of case stated. This is the normal procedure for … Continue reading Brighton and Hove City Council v Brighton and Hove Justices and Hamdan: QBD 29 Jul 2004

Macleod v Lewis Justices of Peace: SCS 20 Dec 1892

Citations: [1892] SLR 30 – 186 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019 (First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. … Continue reading Macleod v Lewis Justices of Peace: SCS 20 Dec 1892

Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995

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

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

Stavrinou, Regina (on the Application Of) v Horseferry Road Justices: Admn 22 Feb 2006

The claimant asked for judicial review of a decision to adjourn the case against him on a charge of driving with excess alcohol. The district judge had already insisted on the date fixed for the hearing as against the defendant, but then adjourned when prosecution witnesses did not appear. The court did not allow defence … Continue reading Stavrinou, Regina (on the Application Of) v Horseferry Road Justices: Admn 22 Feb 2006

Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two riders might have been using it. Held: Having failed … Continue reading Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and Another: HL 15 Feb 2006

Licensees appealed against the grant of judicial review of decisions granting special removal of old on-licences for premises. The grant had been challenged on the basis that the magistrates had had no jurisdiction to make the award because the premises were unoccupied. The relevant legislation had been repealed by the time the matter reached the … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and Another: HL 15 Feb 2006

Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others: CA 25 Jun 2004

The applicant sought special removal of a justices on-licence from former premises to its new premises. Held: The special removal procedure was limited to circumstances of urgency. The applicant had to show that the circumstances fell within the section, and that the premises were about to be pulled down or occupied. The section did not … Continue reading Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others: CA 25 Jun 2004

Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004

Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim’s Bar were not ‘occupied’ or about to be ‘occupied’ for a ‘public purpose’ within the meaning of section … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004

W, Regina (on the Application of) v Thetford Youth Justices and Another: Admn 25 Jun 2002

Judges: Sedley LJ, Gage J Citations: [2002] EWHC 1252 (Admin), [2003] 1 Cr App R (S) 67, [2002] Crim LR 681, 166 JP 453, (2002) 166 JP 453 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court QBD 23-Jan-2003 In … Continue reading W, Regina (on the Application of) v Thetford Youth Justices and Another: Admn 25 Jun 2002

Regina v Neath and Port Talbot Justices, ex parte Director of Public Prosecutions: QBD 2 Mar 2000

The magistrates had refused an adjournment of a trial after the non-attendance of the complainant. The prosecution offered no evidence, and the charge was dismissed. The prosecutor applied for judicial review, but the case came on only 16 months afterwards. The court held that several factors were to be considered, including the seriousness of the … Continue reading Regina v Neath and Port Talbot Justices, ex parte Director of Public Prosecutions: QBD 2 Mar 2000

Regina v Newark Justices ex parte Keenaghan and R v Stockport Justices ex parte Conlon: Admn 18 Dec 1996

Citations: [1996] EWHC Admin 382 Links: Bailii Cited by: Cited – Regina v York Magistrate Court ex parte Grimes Admn 12-May-1997 The defendant sought judicial review of the decision of the magistrates to commit her to prison for non-payment of fines. The had found wilful neglect to pay. Held: The magistrates had erred in thinking … Continue reading Regina v Newark Justices ex parte Keenaghan and R v Stockport Justices ex parte Conlon: Admn 18 Dec 1996

Regina v Hendon Justices ex parte Director of Public Prosecutions: QBD 1993

The court considered an application for judicial review by the DPP of a decision to acquit the defendant because the prosecutor had failed to appear for trial. Held: Dismissing the information, and acquitting the accused had been an unreasonable decision which no reasonable bench could have come to. The acquittal was a nullity and mandamus … Continue reading Regina v Hendon Justices ex parte Director of Public Prosecutions: QBD 1993

Regina v Blandford Justices: CA 1990

The applicant had been charged with public order offences and had been remanded in custody by the Magistrates’ Court. He immediately commenced judicial review proceedings on the grounds that he was charged with an offence which was not punishable with a custodial sentence. A few days later he pleaded guilty to the offence and was … Continue reading Regina v Blandford Justices: CA 1990

Regina (on the application of Chief Constable of Northamptonshire Police) v Daventry Justices: 2001

Appeals against decisions by magistrates under the Act can be by way of application for judicial review. Citations: [2001] EWHC Admin 446 Statutes: Police (Property) Act 1897 1(1) Jurisdiction: England and Wales Cited by: Cited – Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court Admn 18-Jun-2003 Money had been taken … Continue reading Regina (on the application of Chief Constable of Northamptonshire Police) v Daventry Justices: 2001

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 to order disclosure of the name of a child convicted before it of criminal charges where the public … Continue reading McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions: CA 29 Feb 2000

Regina v Hove Justices ex-parte Donne: 1967

Citations: [1967] 2 All ER 1253 Cited by: Cited – Cunliffe, Regina (on the Application of) v West London Magistrates’ Court Admn 6-Jul-2006 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 … Continue reading Regina v Hove Justices ex-parte Donne: 1967

Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall: QBD 28 May 1990

The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party obtains an order for costs against the losing party unless … Continue reading Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall: QBD 28 May 1990

Regina v Oxford City Justices, ex parte Smith: QBD 1982

The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued within the six months’ period prescribed by the Act, but service was delayed for over two years. He objected that any hearing would be contrary … Continue reading Regina v Oxford City Justices, ex parte Smith: QBD 1982

Regina v Sutton Justices ex parte Director of Public Prosecutions: Admn 1992

Counsel was known to be on his way to court, but the magistrates dismissed the case when he was late. Held: The appeal succeeded. The magistrates should have enquired further and waited.Mann LJ said: ‘the bench should have paused for an inquiry. They should have paused for an inquiry because they knew that counsel was … Continue reading Regina v Sutton Justices ex parte Director of Public Prosecutions: Admn 1992

Practice Direction (Justices: Clerk to Court): 2 Oct 2000

Lord Woolf gave guidance as to the duties of the clerk to the magistrates as to the manner of assistance to be provided to them. He set out that it was the responsibility of the legal adviser to provide the justices with any advice they might require properly to perform their functions whether or not … Continue reading Practice Direction (Justices: Clerk to Court): 2 Oct 2000

Regina v Bolton Justices ex parte Scally: CA 1991

A conviction or other judicial finding by an inferior tribunal is amenable to quashing by certiorari even if it was obtained without unfairness by the tribunal and without malpractice by the prosecutor or other complainant. Watkins LJ described what had gone wrong: ‘I would regard the mischief here as arising from a regrettable failure, in … Continue reading Regina v Bolton Justices ex parte Scally: CA 1991

Regina v Patley Bridge Justices ex parte Percy: 1994

Application for judicial review of conviction for contempt of court. Citations: [1994] COD 453 Cited by: Cited – Haw and Another v City of Westminster Magistrates’ Court Admn 12-Dec-2007 The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The … Continue reading Regina v Patley Bridge Justices ex parte Percy: 1994

Regina v Abedare Justices ex parte Director of Public Prosecutions: 1990

The court considered the circumstances when a superior court should consider an appeal against a magistrates court on an adjournment of a trial: ‘First, a decision as to whether or not proceedings should be adjourned is, as counsel for the defendant rightly urged, a decision within the discretion of the trial court. It is pre-eminently … Continue reading Regina v Abedare Justices ex parte Director of Public Prosecutions: 1990

Regina v Nottingham Justices, ex parte Davis: QBD 1980

On a second or subsequent application for bail, magistrates need only ask first whether there had been a material change in circumstancs since the original order. If there had been no change, there was no need to look at the facts underlying the previous refusals of bail.Lord Justice Donaldson said: ‘The court considering afresh the … Continue reading Regina v Nottingham Justices, ex parte Davis: QBD 1980

Regina v Willesden Justices ex parte Utley: 1948

The justices had fined a defendant three times the maximum penalty for a driving offence. Counsel appeared for the justices in the Divisional Court to admit that the penalty was in excess of jurisdiction and to assist the court, by reference to case law, as to the course it should adopt. Held: An order of … Continue reading Regina v Willesden Justices ex parte Utley: 1948

Regina v York City Justices ex parte Farmery: QBD 1988

The magistrates had been asked to be represented on a case stated to explain their apparently unreasonable order. Held: Though the application was successful against the magistrates and they had appeared, costs were not awarded against them because they had taken no active part in the lis. Judges: May LJ Citations: (1988) 153 JP 257 … Continue reading Regina v York City Justices ex parte Farmery: QBD 1988

Regina v Liverpool Justices ex parte Roberts: QBD 1960

The defendant challenged a conviction where the magistrates had not heard from him. The magistrates were not reprsented at the appeal. Held: The appela was successful, but the court declined to award costs against the magistrates: ‘So far as costs against the justices are concerned, it has been the practice not to grant costs against … Continue reading Regina v Liverpool Justices ex parte Roberts: QBD 1960

Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna: QBD 28 Dec 1994

The substitution of a defendant in a case before the magistrates was challengeable where it was not a mere mistake in the name of the defendant. The wholesalers who should have been named had been in correspondence for some time with the prosecutor and had failed to point out the error until shortly before the … Continue reading Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna: QBD 28 Dec 1994

Regina v Hastings Licensing Justices ex parte Lovibond: QBD 1968

The court granted an order of certiorari to quash a decision of licensing justices. The magistrates had not resisted the appeal, but commercial rivals of the licensee had persisted with their objection. Held: ‘it is very rare that this court makes any award in regard to costs on an application for one of the prerogative … Continue reading Regina v Hastings Licensing Justices ex parte Lovibond: QBD 1968

Regina v Reading Justices ex parte Berkshire County Council: QBD 5 May 1995

Disclosure by third parties in criminal proceedings was not affected by other new rule. Simon Brown LJ summarised the tests for materiality for requiring production of dicuments from third parties by magistrates: ‘The central principles . . . are as follows: (i) to be material evidence documents must be not only relevant to the issues … Continue reading Regina v Reading Justices ex parte Berkshire County Council: QBD 5 May 1995

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

Neill v North Antrim Justices and Another: HL 3 Mar 1993

First degree hearsay evidence is inadmissible when used in an application to show the cause of a witness not attending court. In judicial review proceedings in relation to committal proceedings the test is ‘whether or not a really substantial error leading to demonstrable injustice had occurred.’ and Latham LJ: ‘It seems to us that the … Continue reading Neill v North Antrim Justices and Another: HL 3 Mar 1993

Morgan, Re Judicial Review: QBNI 15 Jan 2014

The applicant sought leave to bring judicial review of a prosecutor’s decision to lay a complaint before the magistrates alleging offences associated with an allegation of conspiracy to rob. He said that the decision fell foul of the requirement under the 1981 order that he be resident within the relevant district. Judges: Girvan LJ Citations: … Continue reading Morgan, Re Judicial Review: QBNI 15 Jan 2014

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

Regina v Havant Justices ex parte Palmer: QBD 1985

Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and convicted of a contempt, then sought to appeal. The crown court declined jurisdiction. He then sought … Continue reading Regina v Havant Justices ex parte Palmer: QBD 1985

Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998

The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was released but only contacted in 1996 in relation to the outstanding … Continue reading Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998

Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

Regina v Whitehaven Justices ex parte Thompson: Admn 9 Oct 1998

Application for certiorari to quash a decision of the Whitehaven Magistrates’ Court to commit the applicant for trial to the Crown Court on two charges: the first, conspiring to supply heroin between December 1996 and July 1997; and the second, supplying heroin. A submission of no case was rejected. Held: The request was refused: ‘the … Continue reading Regina v Whitehaven Justices ex parte Thompson: Admn 9 Oct 1998

Regina v Haringey Justices Employment ex parte Branco: Admn 24 Oct 1997

The defendant sought judicial review of his conviction saying that the chairwoman knew his mother and was antipathetic to her, and had shown bias in the trial. Held: There had been confusion, but no real risk of bias. The review was refused. [1997] EWHC Admin 922 England and Wales Citing: Cited – Regina v Gough … Continue reading Regina v Haringey Justices Employment ex parte Branco: Admn 24 Oct 1997

Regina v Harlow Justices ex parte Gumble: Admn 21 Oct 1997

The applicant was in breach of his community service order. He applied for legal aid, on the basis that he risked losing his liberty. At the hearing the officer indicated he was not seeking revocation of the order. The court refused legal aid. ‘Proceedings for breach of a community service order – and I would … Continue reading Regina v Harlow Justices ex parte Gumble: Admn 21 Oct 1997

Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883

The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then notwithstanding the fact that they were built by the county and paid … Continue reading Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883

Hamill, Re Judicial Review (No 2): QBNI 8 Dec 2017

Stephens LJ and Keegan J [2017] NIQB 118 Bailii Northern Ireland Citing: Cited – Regina v Bedwellty Justices Ex Parte Williams HL 18-Sep-1996 A decision by magistrates to commit a case to the Crown Court in the absence of any admissible evidence is a reviewable decision. The committal was quashed.The ‘Queen’s Bench Division of the … Continue reading Hamill, Re Judicial Review (No 2): QBNI 8 Dec 2017

In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008

The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls and was recalled. In considering his application for a further licence he complained that the … Continue reading In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008

Regina v Brentford Justices ex parte Catlin: 1975

A decision by magistrates whether to issue a summons pursuant to information laid involves the exercise of a judicial function, and is not merely administrative. A summons (or warrant) is merely machinery for giving a defendant notice of the proceedings and for getting him before the Court. A magistrate who issues a summons or warrant … Continue reading Regina v Brentford Justices ex parte Catlin: 1975

Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so. Held: The Order now contained in regulation 26(5) an exhaustive list of the possible reasons for an arrest, and the Code of Practice required the officer to … Continue reading Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009

Regina v Camborne Justices ex parte Pearce: QBD 1954

The applicant had been convicted by the Justices on charges of offences under the Food and Drugs Act 1938 which had been brought under the authority of the Health Committee of the Cornwall County Council. The Clerk to the Justices was a councillor member of the Council, but he did not serve on the Health … Continue reading Regina v Camborne Justices ex parte Pearce: QBD 1954

Regina v Justices of Luton Family Proceedings Court; Her Honour Judge Pearce of Luton County Court; Director of Social Services of Bedfordshire County Council ex parte Abdul Rahman and Azra Bi: Admn 16 Dec 1996

In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .

Practice Direction (Justices: Clerk to Court); 2 Oct 2000

References: [2000] 4 All ER 895, [2000] 1 WLR 1886 Coram: Lord Woolf LCJ Lord Woolf gave guidance as to the duties of the clerk to the magistrates as to the manner of assistance to be provided to them. He set out that it was the responsibility of the legal adviser to provide the justices … Continue reading Practice Direction (Justices: Clerk to Court); 2 Oct 2000

Rex v Kingston-upon-Hull Rent Tribunal ex parte Black: 1949

A landlord obtained an order of certiorari to quash an order of a rent tribunal which had reduced the rent of certain premises without hearing evidence on behalf of the landlord. Counsel appeared on behalf of the tribunal to oppose the making of the order. The court discussed the award of costs: ‘We decide this … Continue reading Rex v Kingston-upon-Hull Rent Tribunal ex parte Black: 1949

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him. Held: The … Continue reading Sheffield City Council v Ali: Admn 7 Jul 2005

Bracegirdle v Oxley and Cobley: 1947

The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. The point has been decided adversely to the defendant in two previous High Court decisions. The prosecutor appealed by case stated. Held: Humphreys … Continue reading Bracegirdle v Oxley and Cobley: 1947

Attorney General v Danhai Williams and others: PC 12 May 1997

(Jamaica) Customs investigating officers on attended the appellant’s premises in the course of an investigation of fraudulent importation. The officers were met by a hostile crowd, and the claimant did not attend for interview as invited. A search warrant was obtained and executed. The claimants said the warrant was unconstitutional and unlawful and sought return … Continue reading Attorney General v Danhai Williams and others: PC 12 May 1997

Regina v Truro Crown Court ex parte Adair: Admn 12 Feb 1997

Lord Bingham LCJ said: ‘It is clearly established by earlier cases, in particular R v St Albans Crown Court ex parte Cinnamond and R v Croydon Crown Court ex parte Miller, that judicial review did not offer a backdoor means of appeal against the sentences imposed by the Crown Court and appeals from justices. It … Continue reading Regina v Truro Crown Court ex parte Adair: Admn 12 Feb 1997

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Briggs and Others v Clay and Others: ChD 25 Feb 2019

Defendants’ application to exclude evidence said to be ‘without prejudice’ The case concerned a pension scheme for employees within a group of companies. In a prior action by way of a Part 8 claim brought by the trustees of the scheme, the court had held that various deeds prepared for the scheme over many years … Continue reading Briggs and Others v Clay and Others: ChD 25 Feb 2019

Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

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 … Continue reading Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

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 liability order to consider the application. The council objected. Held: Although no statutory basis existed for … Continue reading Liverpool City Council v Pleroma Distribution Ltd: Admn 21 Nov 2002

Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court: Admn 10 May 2002

The several applicants had been accused of offences under which the cases were to be transferred direct to the Crown Court for trial. The charges were later amended, with alternative offences preferred for which similar procedures might be and were applied. The defendants challenged the application of the new procedures other than to the initial … Continue reading Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court: Admn 10 May 2002

Essen v Director of Public Prosecutions: Admn 12 May 2005

Citations: [2005] EWHC 1077 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 4(1) 3 Jurisdiction: England and Wales Cited by: Cited – Stavrinou, Regina (on the Application Of) v Horseferry Road Justices Admn 22-Feb-2006 The claimant asked for judicial review of a decision to adjourn the case against him on a charge of driving with … Continue reading Essen v Director of Public Prosecutions: Admn 12 May 2005

North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004

In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council: CA 5 Mar 2004

The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment to allow an appeal against their refusal. Held: The knowledge of prejudicial material was not an … Continue reading Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council: CA 5 Mar 2004

O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005

In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005

Blench v Director of Public Prosecutions: Admn 5 Nov 2004

The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant … Continue reading Blench v Director of Public Prosecutions: Admn 5 Nov 2004

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

B, Regina (on The Application of) v Brent Youth Court: Admn 8 Jul 2010

Claim by B for judicial review of a decision of the Brent Youth Court refusing to consider a substantive bail application made on his behalf. Judges: Wilkie J Citations: [2010] EWHC 1893 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Nottingham Justices, ex parte Davis QBD 1980 On a second or … Continue reading B, Regina (on The Application of) v Brent Youth Court: Admn 8 Jul 2010

Director of Public Prosecutions v Ara: Admn 21 Jun 2001

The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the interview tape. None was provided, but a caution offered instead. The defendant refused … Continue reading Director of Public Prosecutions v Ara: Admn 21 Jun 2001

Kenya Aid Programme v Sheffield City Council: Admn 22 Jan 2013

The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable. Held: ‘there is no reason for limiting the ambit of the phrase in the way contended for by the Appellant. As was pointed … Continue reading Kenya Aid Programme v Sheffield City Council: Admn 22 Jan 2013

A v The Governor of Arbour Hill Prison: 10 Jul 2006

Supreme Court of Ireland Murray CJ said: ‘[T]he retrospective effect of a judicial decision is excluded from cases already finally determined. This is the common law position … No one has ever suggested that every time there is a judicial adjudication clarifying or interpreting the law in a particular manner which could have had some … Continue reading A v The Governor of Arbour Hill Prison: 10 Jul 2006

Chief Constable of West Midlands Police, Regina (On the Application of) v Coventry Crown Court: Admn 6 Jun 2000

The Chief Constable sought judicial review of the award against him of costs after a successful appeal against the revocation of a justices’ on-licence for premises in Coventry. The initial revocation had followed the cautioning of members of the licencee’s family, but not the licensee, after drugs had been found on searching the premises. The … Continue reading Chief Constable of West Midlands Police, Regina (On the Application of) v Coventry Crown Court: Admn 6 Jun 2000

Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act. Held: The Act contravened the Convention insofar as it made evidential presumptions which were incompatible … Continue reading Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

Brett v Director of Public Prosecutions: Admn 16 Mar 2009

The defendant faced trial for driving whilst over the prescribed alcohol limit. On a pre-trial review, the prosecution had applied for the evidence of the analyst to be given under the hearsay provisions, on the basis that she was living abroad. She had not been warned and it was not reasonably practicable to secure her … Continue reading Brett v Director of Public Prosecutions: Admn 16 Mar 2009

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

Cox, Regina (on the Application Of) v Director of Public Prosecutions: Admn 25 Oct 2005

Citations: [2005] EWHC 2694 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006 The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify … Continue reading Cox, Regina (on the Application Of) v Director of Public Prosecutions: Admn 25 Oct 2005