Lappin, R (on the application of) v HM Customs & Excise [2004] EWHC 953 (Admin) (30 March 2004)

Lappin, R (on the application of) v HM Customs & Excise [2004] EWHC 953 (Admin) (30 March 2004)

The refusal to adjourn did not breach the claimant's Article 6 right to a fair trial because the failure to obtain expert evidence was due to the claimant's persistent lack of diligence, and the court's decision to proceed was proportionate and justified in the circumstances.

Citation
[2004] EWHC 953 (Admin)
Parties
Claimant: Brendan Lappin; Defendant: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
30 March 2004
Procedural Posture
Judicial Review (case Stated) / High Court Appeal From Crown Court (case Stated)
Outcome
Appeal dismissed
Legal Topics
Right to Fair Trial, Adjournment of Proceedings, Forfeiture of Cash, Equality of Arms, Article 6 ECHR
Civil Procedure Human Rights Criminal Law (forfeiture) Right to Fair Trial Adjournment of Proceedings Forfeiture of Cash Equality of Arms Article 6 ECHR

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Parties

Brendan Lappin

Claimant

HM Customs and Excise

Defendant

Procedural Posture

Judicial Review (case Stated) / High Court Appeal From Crown Court (case Stated)

Legal Issues

  1. 1 Whether refusal to adjourn proceedings to allow claimant to obtain expert evidence breached Article 6(1) ECHR right to a fair trial

Ratio Decidendi

The refusal to adjourn did not breach the claimant's Article 6 right to a fair trial because the failure to obtain expert evidence was due to the claimant's persistent lack of diligence, and the court's decision to proceed was proportionate and justified in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • No breach of Article 6 ECHR found
  • No further orders made