HI, R (on the application of) v Willesden Magistrates Court & Anor (Rev 1)

HI, R (on the application of) v Willesden Magistrates Court & Anor (Rev 1)

The court has no jurisdiction to reconsider its decision at an oral hearing under CPR 54.12(7) in criminal judicial review cases, and the claim was totally without merit as the district judge's decisions were unassailable and the CCTV evidence would not have affected the outcome.

Parties
Claimant: HI; Defendant: Willesden Magistrates’ Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 July 2016
Procedural Posture
Judicial Review / Application for Oral Hearing After Refusal of Permission
Outcome
application dismissed
Legal Topics
Disclosure, Fair Trial, Procedural Fairness, Appeals, CCTV Evidence
Criminal Law Judicial Review Administrative Law Disclosure Fair Trial Procedural Fairness Appeals CCTV Evidence

Case Brief

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Parties

HI

Claimant

Willesden Magistrates’ Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Application for Oral Hearing After Refusal of Permission

Legal Issues

  1. 1 Whether the court has jurisdiction to reconsider its decision at an oral hearing despite CPR 54.12(7)
  2. 2 Whether the claim for judicial review was totally without merit

Ratio Decidendi

The court has no jurisdiction to reconsider its decision at an oral hearing under CPR 54.12(7) in criminal judicial review cases, and the claim was totally without merit as the district judge's decisions were unassailable and the CCTV evidence would not have affected the outcome.

Court Disposition

application dismissed

Orders

  • The application for an oral hearing is refused.
  • The claim remains recorded as totally without merit.