Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor [2008] EWHC 1762 (Admin) (25 July 2008)

Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor [2008] EWHC 1762 (Admin) (25 July 2008)

The Security Industry Authority has the power to prosecute offences under the Private Security Industry Act 2001 because prosecution is incidental or conducive to its statutory functions, particularly licensing and inspection, under section 1(3). However, the High Court's jurisdiction is excluded by section 29(3) of the Supreme Court Act 1981 at this stage, and permission for judicial review is refused due to delay and discretion.

Citation
[2008] EWHC 1762 (Admin)
Parties
Claimant: Securiplan PLC; Claimant: Phillip Ullmann; Claimant: Sabrewatch Ltd; Claimant: Luke Lucas; Defendant: Security Industry Authority; Interested Party: Anthony Hutchins
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Permission for judicial review refused; application dismissed.
Legal Topics
Statutory Interpretation, Regulator's Power to Prosecute, Judicial Review, Delay, Jurisdiction, Discretion
Administrative Law Criminal Law Regulatory Law Statutory Interpretation Regulator's Power to Prosecute Judicial Review Delay Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 27 Party arguments 2
Sign in to unlock

Parties

Securiplan PLC

Claimant

Phillip Ullmann

Claimant

Sabrewatch Ltd

Claimant

Luke Lucas

Claimant

Security Industry Authority

Defendant

Anthony Hutchins

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Does the Security Industry Authority have statutory power to prosecute offences under the Private Security Industry Act 2001?
  2. 2 Is the High Court's jurisdiction excluded by section 29(3) of the Supreme Court Act 1981?
  3. 3 Should permission for judicial review be refused due to delay and discretion?

Ratio Decidendi

The Security Industry Authority has the power to prosecute offences under the Private Security Industry Act 2001 because prosecution is incidental or conducive to its statutory functions, particularly licensing and inspection, under section 1(3). However, the High Court's jurisdiction is excluded by section 29(3) of the Supreme Court Act 1981 at this stage, and permission for judicial review is refused due to delay and discretion.

Court Disposition

Permission for judicial review refused; application dismissed.

Orders

  • Permission to apply for judicial review refused.
  • Application dismissed on merits, jurisdiction, discretion, and delay.