Hussein v Commissioner Of Metropolitan Police & Ors [2001] EWCA Civ 2045 (18 December 2001)

Hussein v Commissioner Of Metropolitan Police & Ors [2001] EWCA Civ 2045 (18 December 2001)

The applicant failed to provide credible evidence to substantiate allegations of bias, corruption, or conspiracy. The exercise of discretion by Judge Ellis in refusing transfer was not plainly wrong or in disregard of legal principle. Assertions alone are insufficient; proof is required.

Citation
[2001] EWCA Civ 2045
Parties
Claimant/applicant: Sayeed Amdad Hussein; Defendant/respondent: Commissioner of the Metropolitan Police; Defendant/respondent: DC Badcock; Defendant/respondent: DC Cottam
Jurisdiction
England and Wales
Judgment Date
18 December 2001
Procedural Posture
Application for Permission to Appeal / Appeal Against Refusal to Transfer Proceedings
Outcome
Application refused with costs
Legal Topics
Transfer of Proceedings, Judicial Bias, Article 6 ECHR, Strike Out Orders
Civil Procedure Human Rights Transfer of Proceedings Judicial Bias Article 6 ECHR Strike Out Orders

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Parties

Sayeed Amdad Hussein

Claimant/applicant

Commissioner of the Metropolitan Police

Defendant/respondent

DC Badcock

Defendant/respondent

DC Cottam

Defendant/respondent

Procedural Posture

Application for Permission to Appeal / Appeal Against Refusal to Transfer Proceedings

Legal Issues

  1. 1 Whether the Croydon County Court should transfer the proceedings to another court
  2. 2 Whether there was judicial bias or corruption affecting the fairness of the trial
  3. 3 Whether the exercise of discretion by Judge Ellis was plainly wrong or in disregard of legal principle

Ratio Decidendi

The applicant failed to provide credible evidence to substantiate allegations of bias, corruption, or conspiracy. The exercise of discretion by Judge Ellis in refusing transfer was not plainly wrong or in disregard of legal principle. Assertions alone are insufficient; proof is required.

Court Disposition

Application refused with costs

Orders

  • Application for permission to appeal refused
  • Costs awarded against applicant