Brookfield Aviation International Ltd v The Guildford Crown Court

Brookfield Aviation International Ltd v The Guildford Crown Court

There were substantial grounds for believing the conduct alleged in the German ILOR would amount to an offence under UK law involving dishonesty, justifying the issue and execution of the search warrant; procedural omissions in recording or reasons do not invalidate the warrant.

Parties
Claimant: Brookfield Aviation International Limited; 1st Defendant: The Guildford Crown Court; 2nd Defendant: The Chief Constable of the Surrey Police Force; Interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Judicial Review / Renewed Application for Permission After Refusal
Outcome
Application refused
Legal Topics
Search Warrants, Mutual Legal Assistance, Double Criminality, Disclosure Obligations, Tax Evasion, Employment Status
Criminal Law International Cooperation Judicial Review Search Warrants Mutual Legal Assistance Double Criminality Disclosure Obligations Tax Evasion +1 more

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Parties

Brookfield Aviation International Limited

Claimant

The Guildford Crown Court

1st Defendant

The Chief Constable of the Surrey Police Force

2nd Defendant

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission After Refusal

Legal Issues

  1. 1 Whether the test for double criminality was satisfied for the issue of a search warrant under section 16 of the Crime (International Co-operation) Act 2003
  2. 2 Whether a search warrant was necessary or a production order would have sufficed
  3. 3 Whether failure to record the hearing or give reasons rendered the warrant unlawful

Ratio Decidendi

There were substantial grounds for believing the conduct alleged in the German ILOR would amount to an offence under UK law involving dishonesty, justifying the issue and execution of the search warrant; procedural omissions in recording or reasons do not invalidate the warrant.

Court Disposition

Application refused

Orders

  • Renewed application for judicial review refused