Wilmot, R (on the application of) v Taunton Deane and West Somerset Magistrates' Court & Ors [2015] EWHC 1595 (Admin) (09 June 2015)

Wilmot, R (on the application of) v Taunton Deane and West Somerset Magistrates' Court & Ors [2015] EWHC 1595 (Admin) (09 June 2015)

The claimant failed to establish a reasonable prospect of success in setting aside the Divisional Court's previous order under CPR 39.3 because he did not provide credible or expert evidence that the photographs were manipulated, nor did he show that any alleged misconduct by the ENPA tainted the convictions based on his unequivocal guilty pleas. The court found no abuse of process or basis for contempt proceedings, as the evidence did not meet the high threshold required, and the claimant's arguments could and should have been raised in the original proceedings.

Citation
[2015] EWHC 1595 (Admin)
Parties
Claimant: Richard Wilmot; First Defendant: Taunton Deane and West Somerset Magistrates' Court; Second Defendant: Taunton Crown Court; Third Defendant: Exmoor National Park Authority
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Judicial Review and Related Applications / High Court (divisional Court) Judgment on Applications to Set Aside Previous Order and for Permission to Commence Committal Proceedings
Outcome
Applications dismissed
Legal Topics
Abuse of Process, Contempt of Court, Setting Aside Judgment, Listed Building Enforcement, Digital Evidence, Judicial Review, Criminal Procedure
Criminal Law Administrative Law Planning Law Civil Procedure Abuse of Process Contempt of Court Setting Aside Judgment Listed Building Enforcement +3 more

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Parties

Richard Wilmot

Claimant

Taunton Deane and West Somerset Magistrates' Court

First Defendant

Taunton Crown Court

Second Defendant

Exmoor National Park Authority

Third Defendant

Procedural Posture

Judicial Review and Related Applications / High Court (divisional Court) Judgment on Applications to Set Aside Previous Order and for Permission to Commence Committal Proceedings

Legal Issues

  1. 1 Whether the Divisional Court's previous judgment ([2013] EWHC 1399 (Admin)) should be set aside under CPR 39.3 due to the claimant's absence and alleged new evidence of prosecutorial misconduct.
  2. 2 Whether permission should be granted to commence committal proceedings for contempt of court against officers of the Exmoor National Park Authority for allegedly presenting false evidence.

Ratio Decidendi

The claimant failed to establish a reasonable prospect of success in setting aside the Divisional Court's previous order under CPR 39.3 because he did not provide credible or expert evidence that the photographs were manipulated, nor did he show that any alleged misconduct by the ENPA tainted the convictions based on his unequivocal guilty pleas. The court found no abuse of process or basis for contempt proceedings, as the evidence did not meet the high threshold required, and the claimant's arguments could and should have been raised in the original proceedings.

Court Disposition

Applications dismissed

Orders

  • Application to set aside the Divisional Court's previous judgment and order under CPR 39.3 dismissed.
  • Application for permission to commence committal proceedings for contempt of court against ENPA officers dismissed.