Holman Fenwick Willan LLP, R (On the Application Of) v City Of London Police & Ors [2016] EWHC 1005 (Admin) (07 April 2016)

Holman Fenwick Willan LLP, R (On the Application Of) v City Of London Police & Ors [2016] EWHC 1005 (Admin) (07 April 2016)

Permission to proceed with judicial review is granted as there are arguable issues regarding the lawfulness of the warrant, the safeguarding of legal professional privilege, and the jurisdiction of the English court to review the endorsement of a Scottish warrant. The issues are complex and require full argument at a substantive hearing.

Citation
[2016] EWHC 1005 (Admin)
Parties
Claimant: Holman Fenwick Willan LLP; First Defendant: Commissioner of City of London Police; Second Defendant: City of London Magistrates' Court; Third Defendant: Police Service of Scotland
Jurisdiction
England and Wales
Judgment Date
07 April 2016
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission to proceed with judicial review granted; injunction discharged; costs reserved.
Legal Topics
Search Warrants, Legal Professional Privilege, Jurisdiction, Cross Border Enforcement, Costs
Criminal Law Judicial Review Human Rights Search Warrants Legal Professional Privilege Jurisdiction Cross Border Enforcement Costs

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Parties

Holman Fenwick Willan LLP

Claimant

Commissioner of City of London Police

First Defendant

City of London Magistrates' Court

Second Defendant

Police Service of Scotland

Third Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction to review the endorsement of a Scottish search warrant by an English magistrates' court
  2. 2 Whether the warrant and its execution breached legal professional privilege
  3. 3 Whether the endorsement and execution of the warrant were lawful

Ratio Decidendi

Permission to proceed with judicial review is granted as there are arguable issues regarding the lawfulness of the warrant, the safeguarding of legal professional privilege, and the jurisdiction of the English court to review the endorsement of a Scottish warrant. The issues are complex and require full argument at a substantive hearing.

Court Disposition

Permission to proceed with judicial review granted; injunction discharged; costs reserved.

Orders

  • Parties to agree and submit a composite order by 10 am, Friday 15 April 2016.
  • Documents held at Holman Fenwick Willan offices to be released unconditionally to Holman Fenwick Willan.