Judicial Review & Civil Law
Notable Cases:
R (on the application of Dost) v Manchester Crown Court [2025]
HMRC was entitled to apply under the Criminal Justice and Police Act 2001 s.59 for permission to retain items seized pursuant to a search warrant even though it had conceded a judicial review claim that the warrant should not have been executed against the claimants. Although there had been procedural inconsistencies, there had been no bad faith or sufficiently serious or egregious conduct on HMRC’s part to justify the court in making an order precluding the application under s.59.
R. (on the application of Abbasi) v Southwark Crown Court [2025]
The court considered the Crown Court’s jurisdiction under the Criminal Procedure (Attendance of Witnesses) Act 1965 s.2(1) to issue witness summonses in respect of confiscation proceedings. There was nothing in the wording of s.2(1) which supported the contention that the Crown Court’s power to issue a witness summons ceased once a criminal charge had been determined. If the court was satisfied that the evidence sought was likely to be material evidence in “any criminal proceedings”, a witness summons would be issued if it was “in the interests of justice” to do so.
Hughes v Revenue and Customs Commissioners [2024]
A multi million pound civil claim for Malicious Prosecution and Misfeasance in Public Office following the spectacular collapse of the criminal case against the Claimant financier for tax evasion.
R. (on the application of Jabbar) v Sheffield Crown Court [2022] – For the Claimant.
Where a judge refused to extend a custody time limit, or no extension to a custody time limit had been sought, and consequently the judge released the defendant on bail before the expiry of the custody time limit, the custody time limit regime no longer applied and there was therefore no limit applicable to any further period on remand. Each such release was “in consequence of the expiry of” the custody time limit within the meaning of the Prosecution of Offences Act 1985 Pt III s.22(5)(b), and the custody time limit came to an end upon release.
R. (on the application of Siddiqi) v Westminster Magistrates’ Court [2021]
Judicial review in relation to the setting aside of summons.
R. (on the application of C) v DPP [2020]
Judicial review of the European Investigation Order which was responsible for the entirety of the EncroChat evidence arriving in the UK.
R (on the application of McKenzie) v Leeds Crown Court [2020]
Judicial review of the Lord Chief Justice’s decision to suspend trial by jury in the wake of the Coronavirus pandemic.
Malik v Manchester and Salford Magistrates’ Court [2018]
A case addressing whether an application to vary a final order should be treated as a relief from sanctions and whether the Court of Appeal had jurisdiction to entertain an appeal against the Divisional Court’s ruling on this issue.
R (on the application of A) v Central Criminal Court [2017]
A challenge to search warrants executed at the homes of solicitors and a member of the bar.
R (Merida Oil Traders Ltd) & Others v Central Criminal Court [2017]
Case addressing the unlawful practice of the City of London Police of asking financial institutions to create cheques via production orders so they may then be seized using the summary cash seizure provisions and frozen in the Magistrates’ Court.
Lucas v Security Service [2017]
Representing George Galloway before the Investigatory Powers Tribunal in a claim against the Government in relation to the alleged interception of communications in breach of the parliamentarian Wilson doctrine.
R (on the application of HS) v South Cheshire Magistrates’ Court [2016]
The Divisional Court did not have to determine every issue in a judicial review of a search warrant prior to a section 59 hearing taking place.
Sher and Others v United Kingdom [2015]
Judgment of the European Court of Human Rights in relation to the pre-charge detention regime under Schedule 8 of the Terrorism Act 2000, and in relation to the width of search warrants executed in Operation Pathway.
R (on the application of Kouyoumjian) v Hammersmith Magistrates’ Court [2015]
The first case in which the Court denied the losing defendant police force the opportunity to remedy its unlawful possession of material seized under a warrant that was subsequently quashed.
R (on the application of Panesar) v Central Criminal Court [2015]
A challenge to the jurisdiction of the Crown Court to remedy the unlawful possession of material seized under the authority of warrant that was subsequently quashed in judicial review proceedings.
R (on the application of F) v Blackfriars Crown Court [2014]
The Divisional Court quashed a search warrant issued to seize legal files for its failure to particularise the material sought.
R (on the application of B) v Huddersfield Magistrates’ Court [2015]
A search against practising solicitors was held to be unlawful because of police failures of disclosure. All seized material was returned.
R (on the application of S) v Chief Constable of the British Transport Police [2014]
A successful challenge to the seizure of material from solicitors premises which was subject to LPP. The court gave guidance on how applications for search warrants should be made.
Lord Hanningfield v Chief Constable of Essex [2013]
Successful action for unlawful arrest.
BBC News
R (on the application of Herron) v The Parking Adjudicator [2012]
Judicial review of the legality of Controlled Parking Zones for one of the original “metric martyrs”.
BBC News
R v Cook (Sam) [2012]
The ability of the Crown to allege guilt against those already acquitted.
R (Glenn & Co. (Essex) Ltd and others) v HM Commissioners for Revenue and Customs and another [2012]
Challenge to search warrants.
R (on the application of Panesar (t/a Anami Law) v Bristol Crown Court [2011]
Successful challenge to search warrants using the res judicata principle and leading decision on police bail.
R (on the application of Windsor and others) v Bristol Crown Court [2011]
A challenge to unlawful search warrants following HMRC’s refusal to accept the judgment in an earlier case above.
Windsor v CPS [2011]
Leading case on restraint and receivership orders.
Sher v Chief Constable of Greater Manchester [2011]
A public law challenge to the pre-charge detention regime in terrorist cases. Later subject to a decision of the ECtHR as above.
BBC News
R (Cook) v Serious Organised Crime Agency [2011]
A successful challenge to the contrived use of the power of seizure under section 19.
R (on the application of Cummins) v Manchester Crown Court [2010]
A search warrant was quashed and material returned to the claimant because of a defect in the pro-forma application used by SOCA.
R (Wood) v Avon and Somerset Magistrates’ Court [2010]
Challenge to a search warrant.
Bates v Chief Constable of Avon and Somerset [2009]
The successful challenge to the search of the home of a forensic computer expert led to the refusal of the Chief Constable to return Mr. Bates’ property following the High Court ruling. Eventually this led to an application to commit the Chief Constable to prison whereupon the property was returned the evening before the court hearing.
The Times
R (Redknapp) v Commissioner of Police of the Metropolis [2009]
Acted for both Harry and Sandra Redknapp in this successful challenge to the execution of a search warrant at the Redknapp’s.
Telepgraph | The Daily Mail