Ward, R (on the application of) v Portsmouth Crown Court & Anor
There was no material distinction between the applicant's case and Mr Boxall's; the orders made by the lower court were appropriate and within discretion; there was no real prospect of appeal succeeding on any ground advanced.
- Parties
- Claimant/appellant: Ward; Defendant/respondent: Portsmouth Crown Court; Defendant/respondent: Commissioners of Customs and Excise; Interested Party: Kenneth Boxall
- Jurisdiction
- England and Wales
- Judgment Date
- 10 May 2005
- Procedural Posture
- Judicial Review / Application for Permission to Appeal From High Court Decision
- Outcome
- Applications refused
- Legal Topics
- Judicial Review, Forfeiture of Goods, Burden of Proof, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Ward
Claimant/appellant
Portsmouth Crown Court
Defendant/respondent
Commissioners of Customs and Excise
Defendant/respondent
Kenneth Boxall
Interested Party
Procedural Posture
Judicial Review / Application for Permission to Appeal From High Court Decision
Legal Issues
- 1 Whether the matter should have been remitted for re-trial
- 2 Whether Mr Boxall should have been struck out as an interested party
- 3 Whether Customs and Excise should have been moved from defendant to interested party
Ratio Decidendi
There was no material distinction between the applicant's case and Mr Boxall's; the orders made by the lower court were appropriate and within discretion; there was no real prospect of appeal succeeding on any ground advanced.
Court Disposition
Applications refused
Orders
- Permission to appeal refused for both Mr Ward and Mr Boxall
- No order as to costs
Full Case Text
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