Source: All England Reporter
Publisher Citation: [2010] All ER (D) 200 (Apr)
Neutral Citation: [2009] EWHC 3540 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Sir Anthony May P and Langstaff J
Representation The claimant appeared in person, assisted by her mother as litigation friend.
  The defendant did not appear and was not represented.
  The interested party appeared by its representative.
Judgment Dates: 9 December 2009

Catchwords

Judicial review - Availability of remedy - Alternative remedy available - Case stated appeal - Claimant applying for judicial review of Crown Court's decision to dismiss conviction appeal from magistrates' court - Complaint of procedural irregularity relating to proceedings in Crown Court - Case stated appeal available - Whether judicial review appropriate.

The Case

Judicial review Availability of remedy. The Divisional Court held that judicial review, rather than a case stated appeal, was, in the circumstances of the instant case, an appropriate way of challenging a procedural error made by the Crown Court, which had heard and given its judgment on an appeal against conviction from the magistrates' court. The Court further held that, on the facts, the Crown Court had erred, procedurally, by questioning certain witnesses, who were non-defendants, about whether they had any previous convictions, and that the Crown Court's judgment had to be quashed.

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