Catherine Gedman v Chief Constable of Cheshire Constabulary & Anor

Catherine Gedman v Chief Constable of Cheshire Constabulary & Anor

The High Court cannot grant injunctions for return of property or disclosure of warrant/evidence unless the warrant is quashed by judicial review; applications for disclosure must be made in the Magistrates Court under the Criminal Procedure Rules; the police's retention of property is lawful under PACE; applications for preservation of body worn footage and removal of bail conditions are either not pursued or unnecessary.

Parties
Claimant: Catherine Gedman; First Respondent: Chief Constable of Cheshire Constabulary; Second Respondent: Carlisle Magistrates Court
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Application / Ruling on Interim Injunctions and Pre Action Disclosure
Outcome
Applications dismissed and struck out as abuse of process
Legal Topics
Interim Injunctions, Police Powers, Seizure and Retention of Property, Pre Action Disclosure, Judicial Review, Bail Conditions
Civil Procedure Criminal Procedure Interim Injunctions Police Powers Seizure and Retention of Property Pre Action Disclosure Judicial Review Bail Conditions

Case Brief

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Parties

Catherine Gedman

Claimant

Chief Constable of Cheshire Constabulary

First Respondent

Carlisle Magistrates Court

Second Respondent

Procedural Posture

Application / Ruling on Interim Injunctions and Pre Action Disclosure

Legal Issues

  1. 1 Whether the court can grant mandatory injunctions for return of seized property, preservation of body worn camera footage, and removal of bail conditions prior to judicial review of the warrant
  2. 2 Whether pre-action disclosure of the warrant and supporting evidence can be ordered by the High Court

Ratio Decidendi

The High Court cannot grant injunctions for return of property or disclosure of warrant/evidence unless the warrant is quashed by judicial review; applications for disclosure must be made in the Magistrates Court under the Criminal Procedure Rules; the police's retention of property is lawful under PACE; applications for preservation of body worn footage and removal of bail conditions are either not pursued or unnecessary.

Court Disposition

Applications dismissed and struck out as abuse of process

Orders

  • Application of January 12th 2023 dismissed
  • Application of March 20th 2023 struck out against both respondents