Waxman, R (on the application of) v Crown Prosecution Service
The CPS's decision not to prosecute was based on an incorrect understanding of the law; the restraining order could lawfully restrict the commencement of vexatious proceedings, and the state's failure to prosecute constituted a breach of its positive obligations under Article 8 ECHR to protect Ms Waxman's psychological integrity.
- Parties
- Claimant: Claire Waxman; Defendant: Crown Prosecution Service
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2012
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Claim allowed
- Legal Topics
- Harassment, Restraining Orders, Right of Access to Courts, Article 8 ECHR, Article 6 ECHR, State's Positive Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Claire Waxman
Claimant
Crown Prosecution Service
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the CPS's decision not to prosecute for breach of a restraining order was lawful
- 2 Whether the restraining order lawfully restricted the right to bring civil proceedings
- 3 Whether the state's failure to prosecute amounted to a breach of 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 restrict the commencement of vexatious proceedings, and the state's failure to prosecute constituted a breach of its positive obligations under Article 8 ECHR to protect Ms Waxman's psychological integrity.
Court Disposition
Claim allowed
Orders
- Declaration granted that the CPS's decision was unlawful
- Damages awarded to Ms Waxman in the sum of £3,500
Full Case Text
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