Errington, R (on the application of) v Metropolitan Police Authority

Errington, R (on the application of) v Metropolitan Police Authority

The jurisdiction of the Magistrates' Court to hear an application for a closure order under section 2 of the Anti-social Behaviour Act 2003 does not depend on the validity of the closure notice under section 1, but on the existence of a notice and an application. Any defects in the notice affect criminal liability, not the civil proceedings for a closure order. The superintendent's belief may be based on hearsay, and the relevant period applies only to drug use, not to associated disorder or nuisance.

Parties
Claimant: Zoey Errington; Defendant: Metropolitan Police Authority; Interested Party: Treasury Solicitor
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim for judicial review dismissed
Legal Topics
Closure Orders, Drug Related Nuisance, Statutory Interpretation, Judicial Review, Procedural Requirements
Criminal Law Civil Procedure Administrative Law Closure Orders Drug Related Nuisance Statutory Interpretation Judicial Review Procedural Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Zoey Errington

Claimant

Metropolitan Police Authority

Defendant

Treasury Solicitor

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the jurisdiction of the Magistrates' Court to hear an application for a closure order under section 2 of the Anti-social Behaviour Act 2003 depends on a validly issued and served closure notice under section 1
  2. 2 Whether the validity of the closure notice is a matter for the Magistrates' Court or Crown Court to determine
  3. 3 Whether the superintendent issued a valid closure notice in this case

Ratio Decidendi

The jurisdiction of the Magistrates' Court to hear an application for a closure order under section 2 of the Anti-social Behaviour Act 2003 does not depend on the validity of the closure notice under section 1, but on the existence of a notice and an application. Any defects in the notice affect criminal liability, not the civil proceedings for a closure order. The superintendent's belief may be based on hearsay, and the relevant period applies only to drug use, not to associated disorder or nuisance.

Court Disposition

claim for judicial review dismissed

Orders

  • normal order for public funding certificate
  • costs to be assessed and not enforced without leave of the court