Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor

Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor

Neither the further disclosure sought nor the expert evidence from Sir Ivor Roberts is necessary or admissible for the fair and just determination of the issues in this judicial review; the issues are legal and for the court to determine based on the ordinary meaning of the relevant instruments and established legal principles.

Parties
Claimant: Charlotte Charles; Claimant: 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 (cmc) Prior to Rolled Up Hearing; Applications for Specific Disclosure and Permission to Adduce Expert Evidence
Outcome
Applications refused
Legal Topics
Judicial Review, Diplomatic Immunity, Disclosure in Judicial Review, Expert Evidence, Interpretation of Treaties, Vienna Convention on Diplomatic Relations, Duty of Candour
Public Law International Law Diplomatic Law Judicial Review Diplomatic Immunity Disclosure in Judicial Review Expert Evidence Interpretation of Treaties +2 more

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Parties

Charlotte Charles

Claimant

Tim Dunn

Claimant

Secretary of State for Foreign and Commonwealth Affairs

First Defendant

Chief Constable of Northamptonshire Police

Second Defendant

Procedural Posture

Judicial Review / Case Management Conference (cmc) Prior to Rolled Up Hearing; Applications for Specific Disclosure and Permission to Adduce Expert Evidence

Legal Issues

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

Ratio Decidendi

Neither the further disclosure sought nor the expert evidence from Sir Ivor Roberts is necessary or admissible for the fair and just determination of the issues in this judicial review; the issues are legal and for the court to determine based on the ordinary meaning of the relevant instruments and established legal principles.

Court Disposition

Applications refused

Orders

  • Application for specific disclosure refused
  • Application for permission to adduce expert evidence from Sir Ivor Roberts refused