Unsworth, R (On the Application Of) v Carlisle Magistrates Court & Anor [2022] EWHC 2774 (Admin) (02 November 2022)

Unsworth, R (On the Application Of) v Carlisle Magistrates Court & Anor [2022] EWHC 2774 (Admin) (02 November 2022)

The claim crosses the threshold of arguability with a realistic prospect of success, meriting investigation at a full hearing with all relevant evidence and arguments on the law.

Citation
[2022] EWHC 2774 (Admin)
Parties
Claimant: Kathleen Unsworth (by her litigation friend Peter Scott-Jones); First Defendant: Carlisle Magistrates Court; Second Defendant: Chief Constable of Merseyside Police
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission to apply for judicial review granted
Legal Topics
Search Warrant, Police Powers, Vulnerable Adults, Cannabis Cultivation, Public Interest Immunity
Administrative Law Human Rights Criminal Law Search Warrant Police Powers Vulnerable Adults Cannabis Cultivation Public Interest Immunity

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Parties

Kathleen Unsworth (by her litigation friend Peter Scott-Jones)

Claimant

Carlisle Magistrates Court

First Defendant

Chief Constable of Merseyside Police

Second Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the police lawfully obtained and executed a search warrant at the claimant's home
  2. 2 Whether the rights of a vulnerable adult were adequately protected during the police operation
  3. 3 Whether procedural safeguards and statutory requirements were complied with

Ratio Decidendi

The claim crosses the threshold of arguability with a realistic prospect of success, meriting investigation at a full hearing with all relevant evidence and arguments on the law.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Permission to apply for judicial review granted
  • Further hearings reserved to Fordham J