AL, R (On the Application Of) v XYZ Ltd & Ors [2018] EWHC 856 (Admin) (19 April 2018)

AL, R (On the Application Of) v XYZ Ltd & Ors [2018] EWHC 856 (Admin) (19 April 2018)

The High Court is not the appropriate forum for resolving disclosure disputes arising from a DPA; adequate remedies exist in the Crown Court, and Parliament intended such matters to be determined there. Judicial review is refused.

Citation
[2018] EWHC 856 (Admin)
Parties
Claimant: THE QUEEN (on the application of AL); Defendant: Serious Fraud Office; Interested Party: XYZ Ltd; Interested Party: ABC LLP; Interested Party: MS; Interested Party: DJ
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review refused
Legal Topics
Deferred Prosecution Agreements, Disclosure Obligations, Legal Professional Privilege, Judicial Review, Alternative Remedies
Criminal Law Public Law Corporate Crime Deferred Prosecution Agreements Disclosure Obligations Legal Professional Privilege Judicial Review Alternative Remedies

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 14 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

THE QUEEN (on the application of AL)

Claimant

Serious Fraud Office

Defendant

XYZ Ltd

Interested Party

ABC LLP

Interested Party

MS

Interested Party

DJ

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the High Court should exercise jurisdiction given alternative remedies in the Crown Court
  2. 2 Whether the SFO's decision not to pursue breach proceedings against XYZ Ltd under the DPA is amenable to judicial review
  3. 3 Whether the SFO failed to address relevant considerations, took into account irrelevant matters, or made errors of law in its decision

Ratio Decidendi

The High Court is not the appropriate forum for resolving disclosure disputes arising from a DPA; adequate remedies exist in the Crown Court, and Parliament intended such matters to be determined there. Judicial review is refused.

Court Disposition

Claim for judicial review refused

Orders

  • Judicial review application dismissed
  • No order as to costs