Clayton & Anor v R

Clayton & Anor v R

Section 285(1) of the Town and Country Planning Act 1990 and the House of Lords decision in R v Wicks preclude the Crown Court from entertaining a challenge to the validity of an Enforcement Notice in criminal proceedings for breach; any such challenge must be made by appeal or judicial review, and recasting the argument as abuse of process does not circumvent this statutory bar.

Parties
Appellant: Jonathan James Clayton; Appellant: Paul Donald Simon Dockerty; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Enforcement Notice, Jurisdiction, Collateral Challenge, Stay of Proceedings
Criminal Law Planning Law Abuse of Process Enforcement Notice Jurisdiction Collateral Challenge Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jonathan James Clayton

Appellant

Paul Donald Simon Dockerty

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to stay criminal proceedings for abuse of process based on alleged invalidity of an Enforcement Notice
  2. 2 Whether the validity of an Enforcement Notice can be challenged in criminal proceedings for breach
  3. 3 Whether alleged misconduct by a council solicitor justifies a stay of proceedings

Ratio Decidendi

Section 285(1) of the Town and Country Planning Act 1990 and the House of Lords decision in R v Wicks preclude the Crown Court from entertaining a challenge to the validity of an Enforcement Notice in criminal proceedings for breach; any such challenge must be made by appeal or judicial review, and recasting the argument as abuse of process does not circumvent this statutory bar.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed