Ward, R (on the application of) v Portsmouth Crown Court & Anor

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

  1. 1 Whether the matter should have been remitted for re-trial
  2. 2 Whether Mr Boxall should have been struck out as an interested party
  3. 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