CIVIL PROCEDURE

[2020] EWHC 1292 (Admin)
[2020] EWHC 1292 (Admin)
QBD (Admin) (Spencer J)
22 May 2020

A claimant, as part of a judicial review which went by consent in her favour, was entitled to recover the costs of intervening in unconnected proceedings in the Court of Appeal (Criminal Division). The criminal appeal had been determining the same legal point that the judicial review would have considered, such that the costs were “incidental to” the judicial review proceedings for the purposes of the Senior Courts Act 1981 s.51(1). The court suggested that the Criminal Procedure Rules Committee might consider issuing some formal guidance on the principles and practice of intervening in the Court of Appeal (Criminal Division).

[2020] EWCA Civ 470
[2020] EWCA Civ 470
CA (Civ Div) (McCombe LJ, Peter Jackson LJ)
27 March 2020

A ticket tout’s appeal against a sentence of 21 weeks’ imprisonment for contempt of court was dismissed where sufficient credit had been applied for his guilty plea made at the door of the court, and the six-month starting point taken had been entirely appropriate given that the breach had been committed during the currency of a suspended sentence imposed for a similar breach of a High Court order.

[2020] EWCA Civ 448
[2020] EWCA Civ 448
CA (Civ Div) (McCombe LJ, King LJ, Holroyde LJ)
25 March 2020

A judge had not erred when relying on the guidance in C (A Minor) (Care Proceedings: Disclosure), Re [1997] Fam. 76 in ordering disclosure to the police of documents filed in care proceedings related to severe brain injuries suffered by a nine-week-old child.

[2020] EWCA Civ 408
[2020] EWCA Civ 408
CA (Civ Div) (Sir Geoffrey Vos C, Patten LJ, Males LJ)
18 March 2020

A judge had failed to apply the correct standard of proof when determining the defendants’ counterclaim of dishonest conspiracy against the claimants, and the matter was remitted to a new judge for re-determination.

[2020] EWHC 603 (Admin)
[2020] EWHC 603 (Admin)
DC (Lord Burnett LCJ, William Davis J)
13 March 2020

Where an extradition case had been remitted to a district judge under the Extradition Act 2003 s.106(3), the judge did not have jurisdiction to consider bars to extradition which had not been raised at the original hearing. The requested person had to raise all potential bars to extradition at the original hearing.

[2020] EWHC 496 (Admin)
[2020] EWHC 496 (Admin)
QBD (Admin) (Freedman J)
6 March 2020

In a case concerning a confiscation order made under the Drug Trafficking Act 1994, an individual’s judicial review challenge to a finding that a French property in which he had an interest amounted to the proceeds of crime was bound to fail. The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, which applied to confiscation orders made under the 1994 Act, made clear that there was no requirement for the Crown to prove that the assets against which enforcement was made had come from the particular drugs offence.

[2020] EWHC 412 (Admin)
[2020] EWHC 412 (Admin)
QBD (Admin) (Chamberlain J)
25 February 2020

A magistrates’ court had not erred in making a closure order in respect of the flat of an individual who was being investigated for a drugs offence, and where a police search had discovered drugs and drug-dealing paraphernalia. CPR PD 52E, which applied to appeals by way of case stated, did not contain any provision about the filing of skeleton arguments or hearing bundles. That was a lacuna, and consideration should be given to amending it to impose a general requirement for the filing of skeleton arguments, agreed hearing bundles and authorities bundles.

[2020] NICh 3
[2020] NICh 3
Ch D (NI) (Simpson J)
21 February 2020

The court granted a possession order in relation to a property which had been paid for using money derived from unlawful conduct. The order did not breach the defendants’ rights under ECHR art.8, art.14 or Protocol 1 art.1. However, it was appropriate to stay the enforcement of the order for a period of six months so that the defendants’ children could remain in the property whilst taking important exams.

DC (Dingemans LJ, Farbey J)
19 February 2020

It was in the public interest to bring committal proceedings against a former legal clerk who had made audio recordings of five sets of criminal proceedings in the Crown Court to assist with his note-taking, in contempt of court. The contempts were admitted, and taking into account all the relevant factors including his ill health, he was sentenced to four weeks’ imprisonment, suspended for 12 months.

Ch D (Companies Ct) (Judge Kramer)
18 February 2020

The defendants failed to show that the terms of a settlement agreement should not be enforced against them or that the proceedings should be stayed pending the outcome of criminal proceedings.

Scroll to top