Mudie & Anor, R (On the Application Of) v H M Customs & Excise [2003] EWCA Civ 237 (04 February 2003)

Mudie & Anor, R (On the Application Of) v H M Customs & Excise [2003] EWCA Civ 237 (04 February 2003)

Condemnation proceedings under the Customs and Excise Management Act 1979 are civil in nature and do not constitute the determination of a criminal charge for the purposes of Article 6 ECHR; therefore, appellants are not entitled to legal representation at public expense in such proceedings.

Citation
[2003] EWCA Civ 237
Parties
Claimant/appellant: Adrian Mudie; Claimant/appellant: Christina Mudie; Defendant/respondent: Kent Magistrates Court; Interested Party: HM Customs & Excise
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Judicial Review (administrative Court Appeal) / Appeal From Refusal of Permission to Seek Judicial Review
Outcome
Appeal dismissed
Legal Topics
Right to Legal Representation, Classification of Proceedings (civil/criminal), Article 6 ECHR, Condemnation Proceedings, Access to Justice
Administrative Law Human Rights Law Customs and Excise Law Right to Legal Representation Classification of Proceedings (civil/criminal) Article 6 ECHR Condemnation Proceedings Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Adrian Mudie

Claimant/appellant

Christina Mudie

Claimant/appellant

Kent Magistrates Court

Defendant/respondent

HM Customs & Excise

Interested Party

Procedural Posture

Judicial Review (administrative Court Appeal) / Appeal From Refusal of Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether condemnation proceedings under the Customs and Excise Management Act 1979 are criminal for the purposes of Article 6 ECHR
  2. 2 Whether appellants are entitled to legal aid/representation orders in such proceedings

Ratio Decidendi

Condemnation proceedings under the Customs and Excise Management Act 1979 are civil in nature and do not constitute the determination of a criminal charge for the purposes of Article 6 ECHR; therefore, appellants are not entitled to legal representation at public expense in such proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment if not agreed