Judicial Review

Special reasons in an emergency


Key v CPS Administrative Court 24 January 2013.  Ben successfully persuaded the Administrative Court that the court below had applied the appropriate test for special reasons in an emergency.


Adverse Inferences


RS v DPP [2013] EWHC 322 (Admin).  Ben successfully represented the DPP in this case, demonstrating that there had been no failure of the court below to apply the requisite legal test before an adverse inference from silence is drawn.


Rebuttable Presumption In Driving Cases Where A Notice Of Intended Prosecution Is Needed


Hall v DPP  [22 January 2013].  Ben won this case by persuading the High Court that where a notice of intended prosecution is needed in a driving case, there is a rebuttable presumption that one has been served on the defendant.


Appropriate Test For Adjournment Where Case Will Proceed In D’s Absence / Case Management


R (on the application of Drinkwater) v Solihull Magistrates' Court [2012] EWHC (Admin) (President of the QBD and Beatson J). The appropriate test for an adjournment in the Magistrates' Court is Jones and not Picton where such an adjournment will lead to the trial continuing in the absence of D.


Illegal Removal From Office


Inspector W v Public Service Commission [2011 - 2012] High Court of Grenada. Ben was instructed to advise a police officer where the Grenadian PSC has allegedly contrived circumstances to assign him to a post outside the Grenadian Police Service.


No Legitimate Expectation Where Ruling Concerning Sentence Perverse


R (on the application of C) v Stratford Magistrates' Court [2012] EWHC 154 (Admin); 2012 WL 14674. Ben persuaded the High Court that a District Judge had been right to overrule a decision of justices concerning the non-custodial scope of a pre-sentence report. The case provides authority that JR proceedings may be brought before sentence where the sentence might be greater than that indicated by a Magistrates' Court when ordering a PSR.


Judicial Review Of A Decision To Offer No Evidence


R (Rivett)v Attorney General, DPP, Legal Services Ombudsman, the Solicitors' Regulation Authority and Hatch Brenner LLP [2011] Counsel for the DPP in successful dismissal of claim for Judicial Review by a solicitor against whom the CPS had offered no evidence in criminal proceedings.

Judicial Review Of A Decision To Prefer Fresh Charges


R (Saleh) v Redbridge Magistrates' Court and DPP [2011] Counsel for the DPP in application for leave to seek JR concerning a decision to lay fresh charges.

Arrest for failure to provide personal details to Police


R (Ross and Tuthill) v Newark Magistrates' Court and CPS [2011] Counsel for the CPS in successful dismissal of claim to proceed to JR in relation to hunt-saboteurs arrested and charged on the basis of their failure to provide personal details on request by the Police.