Mikhail Fridman, R (on the application of) v National Crime Agency & Anor

Mikhail Fridman, R (on the application of) v National Crime Agency & Anor

Permission to apply for judicial review is granted on all 12 grounds as each raises arguable grounds for challenge meriting full investigation at a substantive hearing. The hearing is not treated as a substantive hearing and no final remedies are determined at this stage due to procedural fairness and absence of full evidence from the defendant.

Parties
Claimant: Mikhail Fridman; First Defendant: National Crime Agency; Second Defendant: Unknown (Second Defendant)
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission to apply for judicial review granted on all 12 grounds; no final determination of substantive grounds or remedies at this stage.
Legal Topics
Search Warrants, Judicial Review Procedure, Sanctions, Return of Seized Property, Damages for Trespass, Procedural Fairness
Criminal Law Administrative Law Human Rights Search Warrants Judicial Review Procedure Sanctions Return of Seized Property Damages for Trespass +1 more

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Parties

Mikhail Fridman

Claimant

National Crime Agency

First Defendant

Unknown (Second Defendant)

Second Defendant

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether permission should be granted to apply for judicial review on 12 grounds challenging the lawfulness of a search warrant and its execution
  2. 2 Whether the hearing should be treated as both permission and substantive hearing
  3. 3 Whether the court should quash the warrant and order return of seized material at this stage

Ratio Decidendi

Permission to apply for judicial review is granted on all 12 grounds as each raises arguable grounds for challenge meriting full investigation at a substantive hearing. The hearing is not treated as a substantive hearing and no final remedies are determined at this stage due to procedural fairness and absence of full evidence from the defendant.

Court Disposition

Permission to apply for judicial review granted on all 12 grounds; no final determination of substantive grounds or remedies at this stage.

Orders

  • Permission to apply for judicial review granted on all 12 grounds
  • Further submissions to be heard on timetable and ancillary orders