Lawton v Fleming-Brown [2006] EWHC 3146 (Admin) (22 November 2006)

Lawton v Fleming-Brown [2006] EWHC 3146 (Admin) (22 November 2006)

The informations were defective for duplicity by conflating two distinct bye-laws; the Justices erred in their interpretation of 'football or similar games', but acquittal is upheld due to defective informations and lack of evidence of damage.

Citation
[2006] EWHC 3146 (Admin)
Parties
Claimant: Paula Lawton; Defendant: Fleming-Brown
Jurisdiction
England and Wales
Judgment Date
22 November 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Bye Laws, Duplicity, Private Prosecution, Magistrates' Courts Procedure
Criminal Law Local Government Law Bye Laws Duplicity Private Prosecution Magistrates' Courts Procedure

Case Brief

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Parties

Paula Lawton

Claimant

Fleming-Brown

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether procedural error in not formally putting the information to the respondent invalidated the trial
  2. 2 Whether conflation of two separate bye-laws into a single information was permissible
  3. 3 Whether the actions of the respondent and his son amounted to playing football or similar games under the bye-laws

Ratio Decidendi

The informations were defective for duplicity by conflating two distinct bye-laws; the Justices erred in their interpretation of 'football or similar games', but acquittal is upheld due to defective informations and lack of evidence of damage.

Court Disposition

appeal dismissed

Orders

  • Acquittal of respondent upheld
  • Costs awarded to respondent from Central Funds