Lawton v Fleming-Brown

Lawton v Fleming-Brown

The informations were defective for duplicity by conflating two separate bye-laws, and the Justices' finding on the meaning of 'football or similar games' was too narrow; however, acquittal is upheld due to defective information and lack of evidence of damage.

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, Procedural Fairness, Private Prosecution
Criminal Law Local Government Law Bye Laws Duplicity Procedural Fairness Private Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Paula Lawton

Claimant

Fleming-Brown

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether failure to formally put 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 constituted 'football or similar games' under the bye-laws

Ratio Decidendi

The informations were defective for duplicity by conflating two separate bye-laws, and the Justices' finding on the meaning of 'football or similar games' was too narrow; however, acquittal is upheld due to defective information and lack of evidence of damage.

Court Disposition

appeal dismissed

Orders

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