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 section 97. The requests for the summonses had been little more than fishing expeditions by the defendants, and the summonses should not have been issued.
May LJ, Forbes J
 EWHC 2081 (Admin)
Magistrates Courts Act 1980 97
Cited – Hoar-Stevens v Richmond Magistrates’ Court Admn 23-Oct-2003
The court considered an application to quash an order requiring the attendance of the claimant to give evidence: ‘Normally this court will not entertain an application for a quashing order in relation to a decision made in a magistrates’ court where . .
Cited – Regina v Hove Justices ex-parte Donne 1967
Cited – Streames v Copping 1985
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 . .
Cited – Regina (Howe) v South Durham Magistrates Court QBD 13-Feb-2004
The defendant was convicted of driving whilst disqualified. He had put the prosecution to proof of the fact that it was he who had been prosecuted. The prosecution called his solicitor to give evidence that it was his client who had been banned on . .
Cited – Regina v Skegness Magistrates’ Court ex parte Cardy 1985
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of . .
Cited – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Cited – Regina v Tower Bridge Magistrates’ Court, ex-parte Director of Public Prosecutions 1988
A witness summons issued by a Stipendiary Magistrate compelling a police officer to produce the service record and log of a breath-testing instrument was quashed on the basis that it was a ‘fishing expedition.’ . .
Cited – 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, . .
Cited – 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 . .
These lists may be incomplete.
Updated: 31 January 2021; Ref: scu.244238