Source: All England Reporter
Publisher Citation: [2002] All ER (D) 65 (Jul)
Court: Divisional Court
Judge:

Rose LJ and Gibbs J

Representation Nigel Ley (instructed by Kaye Tesler & Co) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 4 July 2002

Catchwords

Case stated - Application to state a case - Refusal of application - Claimant accused of speeding offence - Claimant pleading guilty by post - Justices considering attendance of claimant required - Justices unlawfully issuing warrant for claimant's arrest - Warrant not served on claimant for two years - Claimant seeking to withdraw guilty plea and have case dismissed due to excessive delay - Claimant seeking wasted costs order in relation to unnecessary adjournment - Justices convicting claimant and not awarding sum claimed in respect of wasted costs - Claimant applying for justices to state a case in respect of those issues - Justices refusing to state case - Whether application to state case frivolous.

The Case

A claimant was granted judicial review of the justices' decision not to state a case, in relation to delays caused by those justices making an unlawful order issuing a warrant for his arrest, where the claimant had argued that those delays had amounted to a breach of his rights under art6(1) of the European Convention on Human Rights or an abuse of process.

Practice Areas

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