The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed.
Held: The wrong naming of the section did not invalidate the decision.
Judges:
Lord Bingham of Cornhill LCJ, Dyson J
Citations:
[1998] EWHC Admin 332
Statutes:
Criminal Justice (International Co-operation) Act 1990, Drug Trafficking Act 1994
Jurisdiction:
England and Wales
Citing:
Cited – Finbow v Air Ministry 1963
The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the . .
Cited by:
Cited – Burrells Wharf Freeholds Ltd v Galliard Homes Ltd TCC 1-Jul-1999
The court was aksed to provide pre-action discovery under the rules. The defendant said that the rules were invalid, having been made under an invalid power.
Held: ‘article 5 of the Order would not have been invalidated by a failure to mention . .
Appeal from – Regina v Dover Magistrates’ Court ex parte Norman Lionel Webb CA 15-Jul-1999
. .
Lists of cited by and citing cases may be incomplete.
Administrative, Criminal Practice
Updated: 13 July 2022; Ref: scu.138453
