Baker v Police Appeals Tribunal

Baker v Police Appeals Tribunal

The Tribunal was functus officio after issuing its Original Order and Statement of Determination; it had no power to amend its decision. The Amended Order was ultra vires and must be quashed. The reasons advanced for refusing to quash the order are not permissible grounds for withholding relief.

Source-derived case information.

Parties
Claimant: Patrick George Baker; Defendant: Police Appeals Tribunal
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Amended Order quashed; costs awarded to claimant.
Legal Topics
Functus Officio, Judicial Review Remedies, Jurisdiction, Police Misconduct, Back Pay, Discretion in Quashing Orders
Administrative Law Employment Law Functus Officio Judicial Review Remedies Jurisdiction Police Misconduct Back Pay Discretion in Quashing Orders

Source-derived case record

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Parties

Patrick George Baker

Claimant

Police Appeals Tribunal

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Police Appeals Tribunal had jurisdiction to amend its original order after becoming functus officio
  2. 2 Whether the amended order should be quashed despite the Tribunal's intention to rectify a mistake
  3. 3 Whether the court should exercise its discretion to refuse a quashing order to avoid perceived injustice

Ratio Decidendi

The Tribunal was functus officio after issuing its Original Order and Statement of Determination; it had no power to amend its decision. The Amended Order was ultra vires and must be quashed. The reasons advanced for refusing to quash the order are not permissible grounds for withholding relief.

Court Disposition

Amended Order quashed; costs awarded to claimant.

Orders

  • The Amended Order of the Tribunal dated 30 June 2011 is quashed.
  • The Tribunal shall pay Mr Baker’s costs of these proceedings on the standard basis, summarily assessed at £20,000.