Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2020] EWHC 1620 (Admin) (24 June 2020)

Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2020] EWHC 1620 (Admin) (24 June 2020)

Neither further disclosure nor expert evidence from Sir Ivor Roberts is necessary or admissible for the fair and just determination of the issues; interpretation of the Exchange of Notes and the VCDR is a matter of law for the court, and all relevant documents have been disclosed.

Citation
[2020] EWHC 1620 (Admin)
Parties
Claimants: Charlotte Charles and Tim Dunn; First Defendant: Secretary of State for Foreign and Commonwealth Affairs; Second Defendant: Chief Constable of Northamptonshire Police
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Judicial Review / Case Management Conference
Outcome
Applications for further disclosure and permission to adduce expert evidence refused.
Legal Topics
Diplomatic Immunity, Judicial Review Procedure, Disclosure in Judicial Review, Expert Evidence, Vienna Convention on Diplomatic Relations, European Convention on Human Rights
Public Law International Law Human Rights Diplomatic Immunity Judicial Review Procedure Disclosure in Judicial Review Expert Evidence Vienna Convention on Diplomatic Relations +1 more

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Parties

Charlotte Charles and Tim Dunn

Claimants

Secretary of State for Foreign and Commonwealth Affairs

First Defendant

Chief Constable of Northamptonshire Police

Second Defendant

Procedural Posture

Judicial Review / Case Management Conference

Legal Issues

  1. 1 Whether the Foreign Secretary erred in law in concluding Anne Sacoolas had diplomatic immunity under Article 37.2 of the VCDR
  2. 2 Whether the Foreign Secretary unlawfully obstructed a criminal investigation or abused power regarding diplomatic immunity
  3. 3 Whether the Chief Constable abdicated duty or fettered discretion by accepting advice on immunity

Ratio Decidendi

Neither further disclosure nor expert evidence from Sir Ivor Roberts is necessary or admissible for the fair and just determination of the issues; interpretation of the Exchange of Notes and the VCDR is a matter of law for the court, and all relevant documents have been disclosed.

Court Disposition

Applications for further disclosure and permission to adduce expert evidence refused.

Orders

  • Application for specific disclosure by the first defendant refused.
  • Application for permission to adduce expert evidence from Sir Ivor Roberts refused.