Bamber, R (on the application of) v Criminal Cases Review Commission

Bamber, R (on the application of) v Criminal Cases Review Commission

The Commission's decision not to refer the case was not susceptible to challenge as it was properly reasoned, considered all relevant new evidence, and was within the range of judgments open to it; no duty existed to make further enquiries given the extensive prior investigation and the nature of the expert reports.

Source-derived case information.

Parties
Claimant: Jeremy Bamber; Defendant: Criminal Cases Review Commission
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Renewed application for judicial review refused
Legal Topics
Fresh Evidence, Criminal Appeals, Expert Evidence, Commission Referrals
Criminal Law Judicial Review Fresh Evidence Criminal Appeals Expert Evidence Commission Referrals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jeremy Bamber

Claimant

Criminal Cases Review Commission

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Criminal Cases Review Commission's refusal to refer the claimant's case to the Court of Appeal was susceptible to judicial review
  2. 2 Whether new expert evidence justified a referral
  3. 3 Whether the Commission failed in its duty to make further enquiries

Ratio Decidendi

The Commission's decision not to refer the case was not susceptible to challenge as it was properly reasoned, considered all relevant new evidence, and was within the range of judgments open to it; no duty existed to make further enquiries given the extensive prior investigation and the nature of the expert reports.

Court Disposition

Renewed application for judicial review refused

Orders

  • Application refused
  • Judgment to be published at public expense