Fitzgerald v Preston Crown Court & Anor
There was ample material for the judge to conclude reasonable grounds existed for conspiracy to pervert the course of justice, justifying the warrant, its execution, the arrest and detention, and the transcript order; all grounds of challenge failed.
- Parties
- Claimant: Gerard Fitzgerald; Defendant: Preston Crown Court; Defendant: Chief Constable of Lancashire Police
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2018
- Procedural Posture
- Judicial Review / Application for Permission and Substantive Hearing
- Outcome
- Permission to apply for judicial review refused; claim dismissed.
- Legal Topics
- Search Warrants, Police Powers, Conspiracy to Pervert the Course of Justice, Witness Intimidation, Public Interest Immunity, Legal Professional Privilege
Case Brief
Summary, issues, holding and outcome
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Parties
Gerard Fitzgerald
Claimant
Preston Crown Court
Defendant
Chief Constable of Lancashire Police
Defendant
Procedural Posture
Judicial Review / Application for Permission and Substantive Hearing
Legal Issues
- 1 Legality of search warrant issued under PACE s.9 and Schedule 1
- 2 Execution of the warrant
- 3 Lawfulness of arrest and detention
Ratio Decidendi
There was ample material for the judge to conclude reasonable grounds existed for conspiracy to pervert the course of justice, justifying the warrant, its execution, the arrest and detention, and the transcript order; all grounds of challenge failed.
Court Disposition
Permission to apply for judicial review refused; claim dismissed.
Orders
- Permission to apply for judicial review is refused.
- Claim is dismissed.
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