Clarke, R (on the application of) v Birmingham Magistrates Court [2002] EWCA Civ 1388 (30 August 2002)

Clarke, R (on the application of) v Birmingham Magistrates Court [2002] EWCA Civ 1388 (30 August 2002)

The Court of Appeal (Civil Division) has no jurisdiction to hear appeals from the Divisional Court in criminal causes or matters, including enforcement of fines for motoring offences, as such matters are criminal in nature under section 18(1)(a) of the Supreme Court Act 1981.

Citation
[2002] EWCA Civ 1388
Parties
Applicant/claimant: Roy Clarke; Defendant/respondent: Birmingham Magistrates Court
Jurisdiction
England and Wales
Judgment Date
30 August 2002
Procedural Posture
Judicial Review Appeal / Reconsideration of Jurisdictional Decision on Appeal
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Judicial Review, Enforcement of Fines, Appeals Process
Criminal Law Civil Procedure Jurisdiction Judicial Review Enforcement of Fines Appeals Process

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Parties

Roy Clarke

Applicant/claimant

Birmingham Magistrates Court

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Reconsideration of Jurisdictional Decision on Appeal

Legal Issues

  1. 1 Whether the Court of Appeal (Civil Division) has jurisdiction to hear an appeal from the Divisional Court in a criminal cause or matter
  2. 2 Whether the enforcement of fines for motoring offences constitutes a criminal cause or matter

Ratio Decidendi

The Court of Appeal (Civil Division) has no jurisdiction to hear appeals from the Divisional Court in criminal causes or matters, including enforcement of fines for motoring offences, as such matters are criminal in nature under section 18(1)(a) of the Supreme Court Act 1981.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Confirmation of Master Venne's decision that the Court of Appeal (Civil Division) has no jurisdiction
  • File to be closed and matter to proceed no further in this court