Fernie, R (on the application of) v Lincolnshire Police

Fernie, R (on the application of) v Lincolnshire Police

The proceedings were dismissed as academic since the claimant had been released and the property was to be returned, but costs were awarded due to the existence of a strongly arguable case.

Parties
Claimant: Darren Fernie; 1st Defendant: Lincolnshire District Magistrates; 2nd Defendant: Chief Constable of Lincolnshire Police
Jurisdiction
England and Wales
Judgment Date
01 November 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
proceedings dismissed as academic
Legal Topics
Judicial Review, Property Recovery, Adjournment Refusal, Police Powers
Administrative Law Criminal Procedure Judicial Review Property Recovery Adjournment Refusal Police Powers

Case Brief

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Parties

Darren Fernie

Claimant

Lincolnshire District Magistrates

1st Defendant

Chief Constable of Lincolnshire Police

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 whether the magistrates erred in refusing an adjournment when the claimant failed to attend
  2. 2 whether the police had the right to retain the claimant's documents

Ratio Decidendi

The proceedings were dismissed as academic since the claimant had been released and the property was to be returned, but costs were awarded due to the existence of a strongly arguable case.

Court Disposition

proceedings dismissed as academic

Orders

  • respondents to pay £100 towards claimant's costs
  • property to be handed back to claimant