Source: All England Reporter
Publisher Citation: [2002] All ER (D) 66 (Oct)
Court: Administrative Court
Judge:

Davis J

Representation Kevin Leigh (instructed by Jennings Son & Ash) for the claimant.
  James Rankin (instructed by the Solicitor for the Metropolitan Police) for the defendant.
Judgment Dates: 7 October 2002

Catchwords

Human Rights - Fair trial - Civil Proceedings - Licensing - Application for special order of exemption - Police refusing application - Whether proceedings contravening European Convention on Human Rights - s 74.

The Case

Although there was an appearance of want of independence and impartiality since the police officer making the decision on the claimant's application for a special order of exemption under s74 of the was based at the same police station as the officer who had laid charges against the claimant, the availability of judicial review was sufficient to render the decision making process compliant with art6(1) of the European Convention on Human Rights.

Practice Areas

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