Insite Poster (A) Ltd, R (On the Application Of) v Ealing Magistrates Court
The District Judge was entitled to find, on the evidence, that the advertising consents were fraudulently obtained, and there was no requirement for formal quashing by judicial review. Discretionary relief was inappropriate given the public interest in removing unlawful advertisements.
- Parties
- Claimant: Insite Poster (A) Limited; Defendant: Ealing Magistrates Court
- Jurisdiction
- England and Wales
- Judgment Date
- 06 December 2016
- Procedural Posture
- Judicial Review Application / Permission Application in the High Court
- Outcome
- Application for permission refused
- Legal Topics
- Advertising Consent, Fraudulent Planning Consents, Jurisdiction of Magistrates' Court, Discretionary Relief
Case Brief
Summary, issues, holding and outcome
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Parties
Insite Poster (A) Limited
Claimant
Ealing Magistrates Court
Defendant
Procedural Posture
Judicial Review Application / Permission Application in the High Court
Legal Issues
- 1 Whether the District Judge was entitled to find that advertising consents were fraudulently obtained
- 2 Whether the consents required formal quashing by judicial review
- 3 Whether discretionary relief should be granted despite fraud
Ratio Decidendi
The District Judge was entitled to find, on the evidence, that the advertising consents were fraudulently obtained, and there was no requirement for formal quashing by judicial review. Discretionary relief was inappropriate given the public interest in removing unlawful advertisements.
Court Disposition
Application for permission refused
Orders
- Permission to proceed with judicial review is refused
Full Case Text
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