Wilmot, R (on the application of) v Taunton Deane and West Somerset Magistrates' Court & Ors

Wilmot, R (on the application of) v Taunton Deane and West Somerset Magistrates' Court & Ors

The Claimant failed to establish a reasonable prospect of success for setting aside the Divisional Court's judgment because there was no credible or expert evidence that the photographs were manipulated, no abuse of process was shown, and the pleas of guilty were unequivocal and unaffected by the alleged misconduct. The application for permission to commence committal proceedings was wholly unfounded, lacking evidential basis and expert support, and was designated totally without merit.

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 Ancillary Applications / Ruling on Applications to Set Aside Judgment and for Permission to Commence Committal Proceedings
Outcome
Applications dismissed
Legal Topics
Judicial Review, Abuse of Process, Contempt of Court, Listed Building Enforcement, Digital Evidence, Adjournment Applications
Administrative Law Criminal Law Civil Procedure Judicial Review Abuse of Process Contempt of Court Listed Building Enforcement Digital Evidence +1 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 Ancillary Applications / Ruling on Applications to Set Aside Judgment and for Permission to Commence Committal Proceedings

Legal Issues

  1. 1 Whether the judgment and order of the Divisional Court dated 30 April 2013 should be set aside under CPR 39.3
  2. 2 Whether permission should be granted to commence committal proceedings for contempt of court against ENPA officers under CPR 32.14
  3. 3 Whether the prosecution was an abuse of process due to alleged use of manipulated digital photographic evidence

Ratio Decidendi

The Claimant failed to establish a reasonable prospect of success for setting aside the Divisional Court's judgment because there was no credible or expert evidence that the photographs were manipulated, no abuse of process was shown, and the pleas of guilty were unequivocal and unaffected by the alleged misconduct. The application for permission to commence committal proceedings was wholly unfounded, lacking evidential basis and expert support, and was designated totally without merit.

Court Disposition

Applications dismissed

Orders

  • Application to set aside the judgment and order of the Divisional Court dated 30 April 2013 is dismissed.
  • Application for permission to commence committal proceedings against ENPA and named individuals is dismissed and designated totally without merit.