The claimant, resident in Cyprus, challenged by way of judicial review to a decision by magistrates to issue a warrant for his arrest after failure to attend a means inquiry hearing.
Held: The warrant was quashed: ‘the hearing . . was listed for the purpose of considering methods of enforcement other than a warrant of commitment, a remedy which was plainly not available in the circumstances. It was therefore not a hearing in which section 82 was in play. It follows that the power under section 83 to issue a warrant of arrest could not lawfully be exercised so as to secure the claimant’s attendance at the hearing.’
Judges:
Richards LJ
Citations:
[2009] EWHC 755 (Admin), [2010] 1 WLR 1827, (2009) 173 JP 265
Links:
Jurisdiction:
England and Wales
Magistrates
Updated: 17 July 2022; Ref: scu.341181
