Wokingham Borough Council v Scott & Ors (Rev 1)

Wokingham Borough Council v Scott & Ors (Rev 1)

The prosecution was stayed because WBC induced Mr Scott to withdraw his appeal, acted to his detriment, and was improperly motivated in part by the prospect of financial benefit under POCA; allowing the prosecution would affront justice and undermine the integrity of the criminal justice system.

Parties
Applicant: Wokingham Borough Council; Respondent: Keith Scott; Respondent: Yvonne Scott; Respondent: Paul Woodhead; Respondent: Deep End Pools; Respondent: Mr Parry; Respondent: Respondents 3-11 (other occupiers and businesses)
Jurisdiction
England and Wales
Judgment Date
17 January 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
application for leave to appeal refused; all respondents acquitted
Legal Topics
Abuse of Process, Prosecutorial Discretion, Planning Enforcement, Proceeds of Crime Act, Legitimate Expectation
Criminal Law Planning Law Public Law Abuse of Process Prosecutorial Discretion Planning Enforcement Proceeds of Crime Act Legitimate Expectation

Case Brief

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Parties

Wokingham Borough Council

Applicant

Keith Scott

Respondent

Yvonne Scott

Respondent

Paul Woodhead

Respondent

Deep End Pools

Respondent

Mr Parry

Respondent

Respondents 3-11 (other occupiers and businesses)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether Wokingham Borough Council induced Mr Scott to withdraw his appeal against an enforcement notice
  2. 2 Whether the prosecution constituted an abuse of process due to inducement and improper motivation
  3. 3 Whether representations by councillors/officers could bind the planning authority

Ratio Decidendi

The prosecution was stayed because WBC induced Mr Scott to withdraw his appeal, acted to his detriment, and was improperly motivated in part by the prospect of financial benefit under POCA; allowing the prosecution would affront justice and undermine the integrity of the criminal justice system.

Court Disposition

application for leave to appeal refused; all respondents acquitted

Orders

  • All respondents acquitted of offences subject to the appeal
  • Application for leave to appeal refused