Kouyoumjian & Anor v Hammersmith Magistrates Court & Anor

Kouyoumjian & Anor v Hammersmith Magistrates Court & Anor

Given the unlawful obtaining and execution of the search warrants, the lack of candour and explanation for the change in investigative focus, and the unsatisfactory conduct of proceedings, the court grants the unconditional return of all seized material to the claimants and does not permit the police to pursue their s.59(5)(b) application.

Parties
First Claimant: Khajag Kouyoumjian; Second Claimant: Sarkis Kouyoumjian; First Defendant: Hammersmith Magistrates' Court; Second Defendant: Metropolitan Police
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Search Warrants, Retention of Seized Property, Duty of Candour, Unlawful Seizure
Criminal Law Judicial Review Police Powers Search Warrants Retention of Seized Property Duty of Candour Unlawful Seizure

Case Brief

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Parties

Khajag Kouyoumjian

First Claimant

Sarkis Kouyoumjian

Second Claimant

Hammersmith Magistrates' Court

First Defendant

Metropolitan Police

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether search warrants were lawfully obtained and executed
  2. 2 Whether seized material should be returned unconditionally despite pending application under s.59(5)(b) CJPA 2001
  3. 3 Duty of candour owed by police in judicial review proceedings

Ratio Decidendi

Given the unlawful obtaining and execution of the search warrants, the lack of candour and explanation for the change in investigative focus, and the unsatisfactory conduct of proceedings, the court grants the unconditional return of all seized material to the claimants and does not permit the police to pursue their s.59(5)(b) application.

Court Disposition

Claim allowed

Orders

  • Search warrants issued on 13 February 2014 quashed
  • Entries, searches and seizures made pursuant to the quashed warrants declared unlawful