Challenge to grant of search warrant against the applicant’s premises. A boiler had been left on full in order to dry the house out after works of renovation. Heat seeking imagery had led to a suspicion that the property was being used for the growth of cannabis by hydroponics.
Held: The claim failed: ‘ while material mistake of fact leading to unfairness can be available as a ground of judicial review in some circumstances, whether it is in fact available will depend upon the nature of the case before the court.’ In the circumstances, the case had been based upon misconceptions as to the plice actions, and no malice could be shown.
Judges:
Sir Brian Leveson P QBD, Males J
Citations:
[2018] EWHC 438 (Admin), [2018] WLR(D) 146
Links:
Jurisdiction:
England and Wales
Police, Magistrates
Updated: 05 April 2022; Ref: scu.605884
