Source: All England Reporter
Publisher Citation: [2017] All ER (D) 130 (Nov)
Neutral Citation: [2017] EWHC 2869 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Sharp LJ and Dove J

Representation Marcus Croskell (instructed by HS Legal) for the first claimant.
  Miriam Smith (instructed by TV Edwards LLP) for the second claimant.
  John McGuinness QC (instructed by the Crown Prosecution Service Appeals and Review Unit) for the interested party, the Director of Public Prosecutions.
  The defendant did not appear and was not represented.
Judgment Dates: 14 November 2017

Catchwords

Magistrates - Proceedings - Practice and procedure

The Case

Magistrates Proceedings. Magistrates' courts did not have a discretion to extend the time to state a case after the expiration of the 21 days specified in the Magistrates Courts Act1980s111(2) (MCA1980s111(2)) as the time within which an application for a case to be stated for the opinion of the High Court had to be made. The Queen's Bench Division, accordingly refused the claimants' applications for judicial review in circumstances where they had failed to file their respective applications to state a case within the 21 days stipulated in the MCA1980s111(2).

Practice Areas

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