Noon, River Manager, Conservators of the River Cam v Matthews & Ors

Noon, River Manager, Conservators of the River Cam v Matthews & Ors

The Conservators are entitled to delegate operational prosecutorial decisions to their River Manager, provided they set general policy; the District Judge erred in finding lack of oversight and review, and the delegation was not ultra vires.

Parties
Appellant: Dr Philippa Noon; Appellant: Conservators of the River Cam; Respondent: Samuel Matthews; Respondent: Arnold; Respondent: Kovakevich; Respondent: Prevett; Respondent: Sugden; Respondent: Tyrell; Respondent: Wright
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Statutory Delegation, Prosecution Powers, Ultra Vires, Implied Powers, Oversight and Review
Administrative Law Criminal Procedure Statutory Delegation Prosecution Powers Ultra Vires Implied Powers Oversight and Review

Case Brief

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Parties

Dr Philippa Noon

Appellant

Conservators of the River Cam

Appellant

Samuel Matthews

Respondent

Arnold

Respondent

Kovakevich

Respondent

Prevett

Respondent

Sugden

Respondent

Tyrell

Respondent

Wright

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the Conservators of the River Cam can lawfully delegate the power to institute and bring prosecutions for contraventions of Byelaws to their River Manager
  2. 2 Whether the Conservators exercised oversight and review of their officer’s prosecutorial function

Ratio Decidendi

The Conservators are entitled to delegate operational prosecutorial decisions to their River Manager, provided they set general policy; the District Judge erred in finding lack of oversight and review, and the delegation was not ultra vires.

Court Disposition

appeal allowed

Orders

  • Case sent back to South Cambridgeshire Magistrates’ Court to continue the hearing