Tapecrown Ltd, R (On the Application Of) v Oxford Crown Court

Tapecrown Ltd, R (On the Application Of) v Oxford Crown Court

The Court of Appeal Criminal Division does not have jurisdiction under section 13 of the Administration of Justice Act 1960, as the CPR 70.2A order was not made in the exercise of jurisdiction to punish for contempt. The Administrative Court has jurisdiction for judicial review because the challenged decision does...

Source-derived case information.

Parties
Applicant/claimant: Tapecrown Limited; Respondent/interested Party: Environment Agency; Defendant: Oxford Crown Court
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Judicial Review and Appeal / Judgment on Jurisdiction, Permission, and Merits
Outcome
Judicial review granted; decision quashed and remitted.
Legal Topics
Contempt of Court, Remediation Orders, Judicial Review, Extension of Time, Costs Orders
Environmental Law Civil Procedure Criminal Procedure Contempt of Court Remediation Orders Judicial Review Extension of Time Costs Orders

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Parties

Tapecrown Limited

Applicant/claimant

Environment Agency

Respondent/interested Party

Oxford Crown Court

Defendant

Procedural Posture

Judicial Review and Appeal / Judgment on Jurisdiction, Permission, and Merits

Legal Issues

  1. 1 Does the Court of Appeal Criminal Division have jurisdiction under section 13 of the Administration of Justice Act 1960 to hear an appeal from the Crown Court's order under CPR 70.2A?
  2. 2 Does the Administrative Court have jurisdiction to hear a judicial review of the Crown Court's decision under section 29(3) of the Senior Courts Act 1981?
  3. 3 Should permission for judicial review be refused for delay or existence of an alternative remedy?

Ratio Decidendi

The Court of Appeal Criminal Division does not have jurisdiction under section 13 of the Administration of Justice Act 1960, as the CPR 70.2A order was not made in the exercise of jurisdiction to punish for contempt. The Administrative Court has jurisdiction for judicial review because the challenged decision does not relate to trial on indictment. The refusal to extend time was based on errors of fact and irrelevant considerations, and the judge failed to consider material factors. Permission for judicial review is granted, and the decision is quashed and remitted for reconsideration.

Court Disposition

Judicial review granted; decision quashed and remitted.

Orders

  • Decision of 3rd October 2017 quashed.
  • Matter remitted to Oxford Crown Court for reconsideration of extension of time and related issues.