Croke, R (on the application of) v Leeds Crown Court

Croke, R (on the application of) v Leeds Crown Court

There was no arguable case that the Recorder's refusal to revisit Judge Kershaw's decisions or to provide a transcript at public expense was unlawful, unreasonable, or irrational. The decisions were within the range of reasonable case management discretion, and no material change in circumstances was demonstrated.

Parties
Claimant: William Michael Croke; Defendant: Leeds Crown Court
Jurisdiction
England and Wales
Judgment Date
18 May 2012
Procedural Posture
Judicial Review / Application for Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review refused
Legal Topics
Abuse of Process, Case Management, Witness Summons, CCTV Evidence, Permission for Judicial Review, Costs
Criminal Law Judicial Review Civil Procedure Abuse of Process Case Management Witness Summons CCTV Evidence Permission for Judicial Review +1 more

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Parties

William Michael Croke

Claimant

Leeds Crown Court

Defendant

Procedural Posture

Judicial Review / Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Recorder's refusal to revisit Judge Kershaw's case management decisions was unlawful, unreasonable or irrational
  2. 2 Whether the refusal to order attendance of certain witnesses and evidence was improper
  3. 3 Whether the refusal to provide a transcript at public expense was a reviewable error

Ratio Decidendi

There was no arguable case that the Recorder's refusal to revisit Judge Kershaw's decisions or to provide a transcript at public expense was unlawful, unreasonable, or irrational. The decisions were within the range of reasonable case management discretion, and no material change in circumstances was demonstrated.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Application for permission refused
  • Claimant to pay £750 costs, not to be enforced without permission of the court