Ew v Director of Public Prosecutions and Others: CA 11 Feb 2010

The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that decision. He said that no leave was required because it was part of criminal proceedings not covered by the order against him. He objected now to Moses LJ hearing the case saying there was the appearance of bias.
Held: An informed observer could not consider that the circumstances suggested bias in Moses LJ.
Proceedings for a declaration that the claimant did not need leave are not proceedings in a criminal cause or matter, and there was no bar preventing an appeal. Though the original proceedings were criminal, the judicial review request abd was a civil procedure and permission was required by the applicant under section 42(3).
Smith LJ
[2010] EWCA Civ 70
Senior Courts Act 1981 42(3) 18(1)(a), Administration of Justice Act 1960 1(1)
England and Wales
CitedEx parte Waldron CA 1986
The court was asked whether section 139 precluded a mental patient from applying for leave to move for judicial review.
Held: A restriction on the bringing of civil or criminal proceedings imposed by the section 139 did not apply to . .
CitedRegina v Blandford Magistrates Court ex parte Pamment CA 1990
The Applicant was charged and remanded into custody by the Justices, having refused conditional bail. Bail was later granted, but he sought judicial review of the original remand decision, just before his trial, which then intervened. After the . .
CitedSergio Cuoghi v Governor of Her Majesty’s Prison Brixton and Government of Switzerland CA 15-Jul-1997
The obtaining of an order to obtain evidence in support of a writ of habeas corpus application is a criminal matter. The Court of Appeal has no civil jurisdiction. Extradition proceedings, as well as proceedings ancillary or incidental to those . .
CitedMehmet, Regina (on the Application of) v Clerk To the Justice of Miskin, Cynon Valley and Methyr Tydfill Petty Sessional Divisions CA 29-Aug-2002
The applicant sought leave to appeal refusal of a judicial review of the decision of the respondent with regard to the taxation of his costs under a defendant’s costs order. The review had been refused as out of time and without merit.
Held: . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedRegina v Highbury Corner Magistrates Court ex parte E 1991
An application for permission to apply for judicial review of a decision taken in the course of civil proceedings is itself a civil proceeding. . .
ApprovedRegina v Tottenham Magistrates Court ex parte Gleaves Admn 18-Dec-1992
An application for permission to bring judicial review and the judicial review proceedings themselves (whether in a civil or criminal cause or matter) are all civil proceedings and are caught by a civil proceedings order against the applicant.
Updated: 26 December 2020; Ref: scu.396709