Global Cash & Carry Ltd, R (on the application of) v Birmingham Magistrates' Court & Ors

Global Cash & Carry Ltd, R (on the application of) v Birmingham Magistrates' Court & Ors

The warrant was unlawful because the copy supplied to the occupier did not include the schedule identifying the premises, breaching mandatory requirements of section 15 and 16 of the Police and Criminal Evidence Act 1984. The magistrates applied the incorrect legal test for issuing the warrant. Both grounds justify quashing the warrant.

Parties
Claimant: Global Cash & Carry Limited; First Defendant: Birmingham Magistrates' Court; Second Defendant: Chief Constable of the West Midlands Police; Interested Party: Commissioners for Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
19 February 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Warrant quashed; declaration of non-compliance; costs awarded; interim damages ordered; damages to be determined by Queen's Bench Division.
Legal Topics
Search Warrants, Police Powers, Judicial Review, Damages, Costs
Criminal Law Administrative Law Search Warrants Police Powers Judicial Review Damages Costs

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 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Global Cash & Carry Limited

Claimant

Birmingham Magistrates' Court

First Defendant

Chief Constable of the West Midlands Police

Second Defendant

Commissioners for Revenue & Customs

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the search warrant was defective for failing to include the schedule identifying premises
  2. 2 Whether the warrant complied with section 15 and 16 of the Police and Criminal Evidence Act 1984
  3. 3 Whether the magistrates applied the correct legal test for issuing the warrant

Ratio Decidendi

The warrant was unlawful because the copy supplied to the occupier did not include the schedule identifying the premises, breaching mandatory requirements of section 15 and 16 of the Police and Criminal Evidence Act 1984. The magistrates applied the incorrect legal test for issuing the warrant. Both grounds justify quashing the warrant.

Court Disposition

Warrant quashed; declaration of non-compliance; costs awarded; interim damages ordered; damages to be determined by Queen's Bench Division.

Orders

  • Warrant quashed
  • Declaration that procedures were not complied with