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6.10.18

We need to talk about sex offences. Again.

Sex offences, and in particular the way rape charges are dealt with from start to finish, are due yet another serious conversation. There are no easy answers. It is clear that, aside from a few rotten apples, many hard-working police and prosecutors are between a rock and hard place. No-one sensible would argue against due…

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19.10.17

Uber v TfL: Could Uber seek judicial review on the grounds of political interference

Brett Wilson LLP solicitor Thomas Burton Wills asks whether TfL’s decision not to renew Uber’s private hire vehicle operator licence can be challenged on the grounds of political interference with supposedly independent decision-makers. The decision of TfL not to renew Uber’s operator licence for private vehicle hire in London is undoubtedly a momentous one, which many will…

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30.01.17

Harassment Warnings/Police Information Notices: Restraining Orders without due process?

The Protection from Harassment Act 1997 (PHA) was introduced to target stalking.  For the most part, Parliament had strangers in mind, whether physically following a victim and/or persistently giving them unwanted attention.  As is often the way, enforcement of the Act evolved from those early intentions.  Now, the vast majority of prosecutions involve people who know…

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28.11.16

Challenging prosecutorial decisions

The existence of a basis to challenge prosecutorial decision making was the subject of a recent decision in the administrative court in the context of judicial review proceedings against the Serious Fraud Office. In R (on the application of Soma Oil & Gas Ltd) ex p Director of the Serious Fraud Office [2016] EWHC 2471,…

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5.04.16

Domestic violence conviction upheld in criminal defence case

The case of Higgins v Crown Prosecution Service [2015] EWHC 4129 concerned an appeal against conviction for common assault arising out of a domestic violence case.  For criminal defence solicitors, it is a relatively common scenario. The police arrived on the scene and the victim was injured and alleged assault by her partner. Both were…

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11.09.15

Law firm judicially reviews Court over finding of fraud against them in judgment

In MRH Solicitors Ltd v Manchester County Court and others [2015] EWHC 1795 (Admin) (http://www.bailii.org/ew/cases/EWHC/Admin/2015/1795.html), a solicitors firm brought a judicial review against the County Court on the basis of comments made about them by a Recorder in his Judgment. Following a four day trial in October 2014, Mr Recorder Osborne dismissed a personal injury…

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1.07.15

NCA branded incompetent by High Court

In R (on the application of C and others) v. National Crime Agency and Birmingham Magistrates’ Court [2015] EWHC 1283 Admin) search warrants were challenged by way of judicial review.  This was an unusual case in which the NCA were branded “incompetent” (in defence to an allegation of bad faith).  The NCA conceded that the search warrants were unlawful,…

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26.06.15

Production order: period for compliance

The scope and lawfulness of a Production Order was the subject of a judicial review in the Divisional Court in R (on the application of Chatwani and others) v National Crime Agency [2015] EWHC 1284. The Claimants were subjects in a wide ranging money laundering investigation. They were directors of a group of over 40…

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19.06.15

Confiscation relates to trial on indictment

In Crown Prosecution Service v Croydon Crown Court [2015] the Divisional Court ruled it had no jurisdiction to hear an application for judicial review of the decision of a Crown Court judge to refuse to extend time to hear confiscation proceedings. The Crown Court’s administration of confiscation proceedings clearly related to trial on indictment and…

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19.05.15

Defence costs regime challenge fails

Sticking with the question of defence costs, the Divisional Court in R (Aiden) v Secretary of State for Justice [2015] EWHC 130 concerned an ambitious application for judicial review of the new Crown Court defence costs regime on human rights grounds. The position was the the Applicant had been tried and acquitted of ABH but…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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