Waxman, R (on the application of) v Crown Prosecution Service [2012] EWHC 133 (Admin) (02 February 2012)

Waxman, R (on the application of) v Crown Prosecution Service [2012] EWHC 133 (Admin) (02 February 2012)

The CPS's decision not to prosecute was based on an incorrect understanding of the law; the restraining order could lawfully prohibit the commencement of unmeritorious proceedings for the purpose of harassment, and the state breached its positive duty under Article 8 ECHR by failing to pursue prosecution.

Citation
[2012] EWHC 133 (Admin)
Parties
Claimant: Claire Waxman; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Harassment, Restraining Orders, Right of Access to Courts, Article 6 ECHR, Article 8 ECHR, State Duty to Protect, Civil Restraint Orders
Criminal Law Human Rights Law Administrative Law Harassment Restraining Orders Right of Access to Courts Article 6 ECHR Article 8 ECHR +2 more

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Parties

Claire Waxman

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the CPS's decision not to prosecute for breach of a restraining order was lawful
  2. 2 Whether the restraining order lawfully restricted the right to bring civil proceedings
  3. 3 Whether the state breached its positive obligations under Article 8 ECHR

Ratio Decidendi

The CPS's decision not to prosecute was based on an incorrect understanding of the law; the restraining order could lawfully prohibit the commencement of unmeritorious proceedings for the purpose of harassment, and the state breached its positive duty under Article 8 ECHR by failing to pursue prosecution.

Court Disposition

Claim allowed

Orders

  • Declaration granted that the CPS's decision was unlawful
  • Award of damages to Ms Waxman in the sum of £3,500