Haw, R (on the application of) v Southwark Crown Court & Ors

The court declined to order the return of property to Parliament Square as it would place the claimant in breach of the law, upheld the Commissioner's entitlement to legal professional privilege, and directed disclosure only where necessary and appropriate.

Parties: Claimant: Brian William Haw; First Defendant: Southwark Crown Court; Second Defendant: 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 return of property to Parliament Square refused.
Legal Topics: Disclosure, Interim Relief, Seizure of Property, Privilege, Cross Examination

Administrative Law Civil Procedure Disclosure Interim Relief Seizure of Property Privilege Cross Examination

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Parties

Brian William Haw

Claimant

Southwark Crown Court

First Defendant

Commissioner of Police of the Metropolis

Second Defendant

Barbara Tucker

Interested Party

Procedural Posture

Judicial Review / Directions Hearing

Legal Issues

1 Directions for disclosure and evidence
2 Return of seized property
3 Admissibility and cross-examination of evidence

Ratio Decidendi

Court Disposition

Directions issued for disclosure and evidence; interim return of property to Parliament Square refused.

Orders

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