Mudie & Anor, R (On the Application Of) v H M Customs & Excise

Mudie & Anor, R (On the Application Of) v H M Customs & Excise

Condemnation proceedings under the Customs and Excise Management Act 1979 are civil, not criminal, for the purposes of Article 6 ECHR. No criminal charge is determined, no penalty is imposed beyond forfeiture, and the proceedings do not involve a finding of guilt or conviction. Therefore, the appellants are not...

Source-derived case information.

Parties
Appellant: Adrian Mudie; Appellant: Christina Mudie; Respondent: Kent Magistrates Court; Interested Party: H M Customs & Excise
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Seek Judicial Review
Outcome
Appeal dismissed
Legal Topics
Article 6 ECHR, Access to Justice Act 1999, Customs and Excise Management Act 1979, Classification of Proceedings as Civil or Criminal, Legal Aid in Condemnation Proceedings
Human Rights Law Customs and Excise Law Civil Procedure Article 6 ECHR Access to Justice Act 1999 Customs and Excise Management Act 1979 Classification of Proceedings as Civil or Criminal Legal Aid in Condemnation Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adrian Mudie

Appellant

Christina Mudie

Appellant

Kent Magistrates Court

Respondent

H M Customs & Excise

Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether condemnation proceedings under the Customs and Excise Management Act 1979 are criminal for the purposes of Article 6 ECHR
  2. 2 Whether appellants are entitled to legal aid/representation order in such proceedings

Ratio Decidendi

Condemnation proceedings under the Customs and Excise Management Act 1979 are civil, not criminal, for the purposes of Article 6 ECHR. No criminal charge is determined, no penalty is imposed beyond forfeiture, and the proceedings do not involve a finding of guilt or conviction. Therefore, the appellants are not entitled to a representation order or legal aid under the criminal legal aid regime.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment if not agreed