Anwar-Lindley, R (on the application of) v Lancashire Justices

Anwar-Lindley, R (on the application of) v Lancashire Justices

Given the absence of evidence that the claimant was driving and the magistrates' own acceptance that their decision was unreasonable, the conviction should be quashed and a not guilty verdict entered.

Parties
Claimant: Fiona Anwar-Lindley; Defendant: Lancashire Justices
Jurisdiction
England and Wales
Judgment Date
12 April 2005
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review of Refusal to State a Case
Outcome
Conviction quashed, not guilty verdict entered, costs to claimant from central funds
Legal Topics
Driving With Excess Alcohol, Careless Driving, Refusal to State a Case, Quashing of Conviction
Criminal Law Judicial Review Driving With Excess Alcohol Careless Driving Refusal to State a Case Quashing of Conviction

Case Brief

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Parties

Fiona Anwar-Lindley

Claimant

Lancashire Justices

Defendant

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review of Refusal to State a Case

Legal Issues

  1. 1 Whether the magistrates' refusal to state a case was proper
  2. 2 Whether the claimant's conviction should be quashed

Ratio Decidendi

Given the absence of evidence that the claimant was driving and the magistrates' own acceptance that their decision was unreasonable, the conviction should be quashed and a not guilty verdict entered.

Court Disposition

Conviction quashed, not guilty verdict entered, costs to claimant from central funds

Orders

  • Claimant's conviction quashed
  • Not guilty verdict entered