Holman Fenwick Willan LLP, R (On the Application Of) v City Of London Police & Ors

Holman Fenwick Willan LLP, R (On the Application Of) v City Of London Police & Ors

Permission for judicial review is granted as there are arguable issues regarding the lawfulness of the warrant, the safeguarding of legal professional privilege, and the jurisdiction of the English court to review the endorsement by an English magistrates' court.

Parties
Claimant: Holman Fenwick Willan LLP; First Defendant: Commissioner of City of London Police; Second Defendant: City of London Magistrates' Court; Third Defendant: Police Service of Scotland
Jurisdiction
England and Wales
Judgment Date
07 April 2016
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission granted for judicial review to proceed; injunction discharged; costs reserved to final hearing.
Legal Topics
Search Warrants, Legal Professional Privilege, Cross Border Enforcement, Jurisdiction, Costs
Criminal Law Constitutional Law Human Rights Judicial Review Search Warrants Legal Professional Privilege Cross Border Enforcement Jurisdiction +1 more

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Parties

Holman Fenwick Willan LLP

Claimant

Commissioner of City of London Police

First Defendant

City of London Magistrates' Court

Second Defendant

Police Service of Scotland

Third Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction to review the endorsement of a Scottish search warrant by an English magistrates' court
  2. 2 Whether the warrant and its execution breached legal professional privilege
  3. 3 Whether the endorsement and execution of the warrant were unlawful

Ratio Decidendi

Permission for judicial review is granted as there are arguable issues regarding the lawfulness of the warrant, the safeguarding of legal professional privilege, and the jurisdiction of the English court to review the endorsement by an English magistrates' court.

Court Disposition

Permission granted for judicial review to proceed; injunction discharged; costs reserved to final hearing.

Orders

  • Permission granted for judicial review proceedings.
  • Injunction discharged; documents released to claimant unconditionally.