The Chief Constable of Hampshire Constabulary, R (on the application of) v Oldring

The Chief Constable of Hampshire Constabulary, R (on the application of) v Oldring

The Crown Court erred in awarding costs against the Chief Constable, as he acted reasonably and in good faith in revoking the certificates; the acquittal in the Magistrates' Court was not conclusive of unreasonableness.

Parties
Claimant: Chief Constable of Hampshire Constabulary; Defendant: Oldring
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Appeal by Case Stated / Judgment
Outcome
appeal allowed
Legal Topics
Costs in Appeals, Firearms Licensing, Public Safety, Reasonableness Standard
Administrative Law Criminal Law Costs in Appeals Firearms Licensing Public Safety Reasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

Chief Constable of Hampshire Constabulary

Claimant

Oldring

Defendant

Procedural Posture

Appeal by Case Stated / Judgment

Legal Issues

  1. 1 Whether the Crown Court was right to order the Chief Constable to pay the appellant's costs
  2. 2 Whether the Chief Constable acted unreasonably in revoking firearm and shotgun certificates

Ratio Decidendi

The Crown Court erred in awarding costs against the Chief Constable, as he acted reasonably and in good faith in revoking the certificates; the acquittal in the Magistrates' Court was not conclusive of unreasonableness.

Court Disposition

appeal allowed

Orders

  • decision to award costs quashed
  • each party to bear their own costs in the Crown Court