CECIL STEVEN HEILLIGGER v WESTMINSTER MAGISTRATES’ COURT & Anor.

CECIL STEVEN HEILLIGGER v WESTMINSTER MAGISTRATES’ COURT & Anor.

The search warrant failed to comply with statutory requirements, rendering the entry, search, and seizure unlawful. The claimant is entitled to a declaration, repayment of cash and interest, damages for trespass, and return of property unless the police make a section 59 application within 14 days.

Parties
Claimant: Cecil Steven Heilligger; First Defendant: Westminster Magistrates’ Court; Second Defendant: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Search Warrants, Unlawful Seizure, Retention of Property, Trespass, Damages, Mutual Legal Assistance, Extradition
Criminal Law Administrative Law Judicial Review Search Warrants Unlawful Seizure Retention of Property Trespass Damages +2 more

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Parties

Cecil Steven Heilligger

Claimant

Westminster Magistrates’ Court

First Defendant

Commissioner of Police of the Metropolis

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the search warrant complied with statutory requirements under section 15(6)(b) of the Police and Criminal Evidence Act 1984
  2. 2 Whether the copy of the warrant left at the premises complied with sections 15(8) and 16(5)(c) of the Police and Criminal Evidence Act 1984
  3. 3 Whether the police lawfully retained seized cash and property

Ratio Decidendi

The search warrant failed to comply with statutory requirements, rendering the entry, search, and seizure unlawful. The claimant is entitled to a declaration, repayment of cash and interest, damages for trespass, and return of property unless the police make a section 59 application within 14 days.

Court Disposition

Claim allowed

Orders

  • Declaration that the search and seizure were unlawful
  • Immediate repayment of seized cash and accrued interest