The Chief Constable of Hampshire Constabulary, R (on the application of) v Oldring [2003] EWHC 1807 (Admin) (14 July 2003)

The Chief Constable of Hampshire Constabulary, R (on the application of) v Oldring [2003] EWHC 1807 (Admin) (14 July 2003)

The Crown Court's decision to award costs against the Chief Constable was unreasonable in the Wednesbury sense, as there was no evidence of bad faith, malice, improper motive, or unreasonableness in the Chief Constable's decision to revoke the certificates, and the fact of acquittal in the Magistrates' Court was not determinative.

Citation
[2003] EWHC 1807 (Admin)
Parties
Claimant: Chief Constable of Hampshire Constabulary; Defendant: Oldring
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Judicial Review (appeal by Case Stated) / High Court Appeal From Crown Court Costs Order
Outcome
appeal allowed; costs order quashed
Legal Topics
Costs Orders, Firearms Licensing, Judicial Review, Public Law Duties
Administrative Law Criminal Law Licensing Law Costs Orders Firearms Licensing Judicial Review Public Law Duties

Case Brief

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Parties

Chief Constable of Hampshire Constabulary

Claimant

Oldring

Defendant

Procedural Posture

Judicial Review (appeal by Case Stated) / High Court Appeal From Crown Court Costs Order

Legal Issues

  1. 1 Whether the Crown Court was correct to order the Chief Constable to pay the appellant's costs after a successful appeal against revocation of firearms and shotgun certificates.

Ratio Decidendi

The Crown Court's decision to award costs against the Chief Constable was unreasonable in the Wednesbury sense, as there was no evidence of bad faith, malice, improper motive, or unreasonableness in the Chief Constable's decision to revoke the certificates, and the fact of acquittal in the Magistrates' Court was not determinative.

Court Disposition

appeal allowed; costs order quashed

Orders

  • The decision to award costs against the Chief Constable is quashed.
  • Each party to bear their own costs in the Crown Court.