JUDICIAL REVIEW

[2018] EWHC 3122 (Admin) [2018] EWHC 3122 (Admin)

A slaughterhouse had been under a strict obligation to sever a chicken’s main arteries systematically and a concomitant strict obligation to spare the bird avoidable pain under Regulation 1099/2009 art.3(1) and art.15(1), as enforced in the UK under the Welfare of Animals at the Time of Killing (England) Regulations 2015 reg.30(1)(g). Social concern regarding animal welfare meant that it was appropriate to displace the presumption that proof of mens rea was required.

[2018] EWHC 2250 (Admin) [2018] EWHC 2250 (Admin)

A final offer made by the Legal Aid Agency in respect of counsel’s fees in a “Very High Cost (Crime) Case” had a sufficient public-law element to make it amenable to judicial review. The offer in the instant case was unlawful because, among other things, the Legal Aid Agency had failed to disclose its method of calculating the fees offered.

[2018] UKSC 33 [2018] UKSC 33

In its ordinary and natural meaning, “proceedings in a criminal cause or matter” in the Justice and Security Act 2013 s.6(11) included proceedings by way of judicial review of a decision made in a criminal cause, and nothing in the context or purpose of the legislation suggested a different meaning.

[2018] EWHC 984 (Admin) [2018] EWHC 984 (Admin)

A magistrates’ court which purported to exercise its power under the Magistrates’ Courts Act 1980 s.142 to reverse a previous decision to admit bad character evidence had erred because that section was only available in the case of an offender and not where a person was charged with an offence. The Administrative Court had jurisdiction to deal with such a matter while criminal proceedings were ongoing, but the instant decision should not be taken as encouragement to challenge interlocutory decisions in criminal proceedings by judicial review.

[2018] EWHC 229 (Admin) [2018] EWHC 229 (Admin)

Mistake of material fact leading to unfairness could be available as a ground of judicial review in respect of the determination of applications to adjourn trials in magistrates’ courts.