Haw, R (on the application of) v Southwark Crown Court & Ors [2009] EWHC 379 (Admin) (03 March 2009)

Haw, R (on the application of) v Southwark Crown Court & Ors [2009] EWHC 379 (Admin) (03 March 2009)

The court refused to order interim return of property to Parliament Square as it would place the claimant in breach of the law, upheld privilege over legal advice, and directed limited disclosure and evidence production as appropriate for the full hearing.

Citation
[2009] EWHC 379 (Admin)
Parties
Claimant: Brian William Haw; First Defendant: Southwark Crown Court; Second Defendant: The Commissioner of Police of the Metropolis; Interested Party: Barbara Tucker
Jurisdiction
England and Wales
Judgment Date
03 March 2009
Procedural Posture
Judicial Review / Directions Hearing
Outcome
Directions issued for disclosure and evidence; interim relief refused.
Legal Topics
Disclosure, Interim Relief, Seizure of Property, Privilege, Cross Examination

Case Brief

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Parties

Brian William Haw

Claimant

Southwark Crown Court

First Defendant

The Commissioner of Police of the Metropolis

Second Defendant

Barbara Tucker

Interested Party

Procedural Posture

Judicial Review / Directions Hearing

  1. 1 Directions for disclosure and evidence in judicial review
  2. 2 Request for interim return of seized property
  3. 3 Admissibility and cross-examination of evidence

Ratio Decidendi

The court refused to order interim return of property to Parliament Square as it would place the claimant in breach of the law, upheld privilege over legal advice, and directed limited disclosure and evidence production as appropriate for the full hearing.

Court Disposition

Directions issued for disclosure and evidence; interim relief refused.

Orders

  • Commissioner to serve bundle by 31 March 2009.
  • Objections/rebuttal material to be lodged by 28 April 2009.