Laing v The Crown Prosecution Service

Laing v The Crown Prosecution Service

The decision to refuse permission for judicial review was correct because the authorities' stance to await the outcome of the County Court proceedings before investigating the complaint was rational and permissible.

Parties
Claimant: Laing; Defendant: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
31 March 2006
Procedural Posture
Judicial Review / Renewed Application for Permission for Judicial Review
Outcome
Permission for judicial review refused
Legal Topics
Judicial Review, Prosecutorial Discretion, Irrationality, Malicious Prosecution
Administrative Law Judicial Review Prosecutorial Discretion Irrationality Malicious Prosecution

Case Brief

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Parties

Laing

Claimant

The Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission for Judicial Review

Legal Issues

  1. 1 Whether the refusal by the defendants to investigate the claimant's complaint pending the outcome of County Court proceedings was irrational
  2. 2 Whether permission for judicial review should be granted

Ratio Decidendi

The decision to refuse permission for judicial review was correct because the authorities' stance to await the outcome of the County Court proceedings before investigating the complaint was rational and permissible.

Court Disposition

Permission for judicial review refused

Orders

  • Permission for judicial review is refused