Kirk, R (on the application of) v Cardiff Crown Court & Ors

Kirk, R (on the application of) v Cardiff Crown Court & Ors

Permission to bring judicial review proceedings is granted to Mr Ewing as it is arguable that the judge's reasons for refusing permission to take notes were inadequate and the issue merits full consideration; Mr Kirk's application is dismissed due to non-attendance and lack of arguable grounds.

Source-derived case information.

Parties
First Claimant: Maurice Kirk; Second Claimant: Terence Patrick Ewing; Defendant: Cardiff Crown Court and Ors
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Judicial Review Application / Permission Stage; Preliminary Hearing
Outcome
Mr Kirk's application dismissed; Mr Ewing granted permission to bring judicial review proceedings.
Legal Topics
Open Justice, Note Taking in Court, Judicial Discretion, Contempt of Court
Constitutional Law Criminal Procedure Administrative Law Open Justice Note Taking in Court Judicial Discretion Contempt of Court

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Maurice Kirk

First Claimant

Terence Patrick Ewing

Second Claimant

Cardiff Crown Court and Ors

Defendant

Procedural Posture

Judicial Review Application / Permission Stage; Preliminary Hearing

Legal Issues

  1. 1 Whether a judge can restrict members of the public from taking notes in court
  2. 2 Whether refusal to allow note taking was lawful and justified
  3. 3 Whether the principle of open justice requires permission for public note taking

Ratio Decidendi

Permission to bring judicial review proceedings is granted to Mr Ewing as it is arguable that the judge's reasons for refusing permission to take notes were inadequate and the issue merits full consideration; Mr Kirk's application is dismissed due to non-attendance and lack of arguable grounds.

Court Disposition

Mr Kirk's application dismissed; Mr Ewing granted permission to bring judicial review proceedings.

Orders

  • Permission granted to Mr Ewing to bring judicial review proceedings.
  • Case to be transferred to the Royal Courts of Justice in London.