Source: All England Reporter
Publisher Citation: [2003] All ER (D) 293 (Feb)
Court: Divisional Court

Rose LJ and Henriques J

Representation Shaun Dodds (instructed by the Crown Prosecution Service, Durham) for the DPP.
  Bernard Richmond (instructed by Peter Thubron & Co, Sunderland) for the interested party, the defendant.
Judgment Dates: 21 February 2003


Administrative law - Judicial review - Application - Delay - Proceedings capable of having detrimental effect on third party - Effect of delay.

The Case

The court dismissed a judicial review action of a decision of the justices to accept jurisdiction to sentence the defendant for an offence of assault occasioning grievous bodily harm, on the basis that the prosecution had failed to act sufficiently promptly in bringing the review action; litigants bringing judicial review proceedings which might detrimentally affect the rights of third parties being under a duty to act with the utmost promptitude.

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