The core submission is that the Defendant has failed to understand the issues raised and has therefore reached a decision which is capable of challenge. The decision not to refer the case to the CACD is said to be unlawful because they are irrational or perverse. The CCRC is said to have failed to comprehend the Claimant’s arguments; to have failed to consider material considerations and considered immaterial considerations.
Judges:
Mrs Justice McGowan
Citations:
[2019] EWHC 3559 (Admin)
Links:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 20 October 2022; Ref: scu.648126