The court considered what would constitute frivolous proceedings on a request to magistrates to state a case.
Held: The expression meant that there was no possible prospect of a case succeeding because there was no substance in the request that a case should be stated.
Judges:
Cluny J
Citations:
Unreported, 13 April 1992
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 November 2022; Ref: scu.247418