M, R (on the application of) v Secretary Of State For Constitutional Affairs & Anor

M, R (on the application of) v Secretary Of State For Constitutional Affairs & Anor

The Court held that the procedure for making interim ASBOs without notice under Rule 5 is not unlawful or incompatible with common law or Article 6(1) ECHR. Interim orders do not determine civil rights, are subject to safeguards, and can be reviewed or discharged promptly. The statutory test is whether it is 'just' to make the order, and this was properly applied in M's case. There was no procedural unfairness or breach of natural justice.

Parties
Appellant: R (M); First Respondent: Secretary of State for Constitutional Affairs & Lord Chancellor; Second Respondent: Leeds Magistrates’ Court; Interested Party: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
18 March 2004
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Anti Social Behaviour Orders (asbos), Interim Orders, Notice Requirements, Article 6 ECHR, Natural Justice, Judicial Review
Public Law Civil Procedure Human Rights Anti Social Behaviour Orders (asbos) Interim Orders Notice Requirements Article 6 ECHR Natural Justice +1 more

Case Brief

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Parties

R (M)

Appellant

Secretary of State for Constitutional Affairs & Lord Chancellor

First Respondent

Leeds Magistrates’ Court

Second Respondent

Leeds City Council

Interested Party

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Rule 5 of the Magistrates’ Courts (Anti-Social Behaviour) Rules 2002 permitting interim ASBOs without notice is compatible with common law and Article 6(1) ECHR
  2. 2 Whether the procedure for interim ASBOs without notice is unlawful or unfair
  3. 3 What is the correct test for making an interim ASBO without notice

Ratio Decidendi

The Court held that the procedure for making interim ASBOs without notice under Rule 5 is not unlawful or incompatible with common law or Article 6(1) ECHR. Interim orders do not determine civil rights, are subject to safeguards, and can be reviewed or discharged promptly. The statutory test is whether it is 'just' to make the order, and this was properly applied in M's case. There was no procedural unfairness or breach of natural justice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs save that the costs of the Appellant be subject to a detailed Community Legal Service Funding assessment