Mohammed Naseem Dost & Ors, R (on the application of) v The Crown Court at Manchester & Anor
[2024] EWHC 2799 (Admin)
DLR Holdings Limited & Anor, R (on the application of) v York Magistrates’ Court & Anor
9 November 2023
[2023] EWHC 2817 (Admin)
High Court
The court threw out some search warrants because they were wrongly worded. The government agency admitted they were wrong, so the court said to give back the things that were taken, destroy any copies, and pay the people who challenged the warrants their legal costs.
Key Facts
- •Judicial review proceedings concerning warrants issued under section 108 and Schedule 18 of the Environment Act 1995.
- •Warrants authorized entry onto premises in Hull.
- •Claimants argued warrants were unlawful due to reference to a 'search' power not then exercisable by the Environment Agency.
- •The Environment Agency conceded the warrants were unlawful.
- •Magistrates' Court did not object to the consent order.
- •Consent order reached between Claimants and the Environment Agency.
Legal Principles
Judicial review
None explicitly stated, inherent in the proceedings.
Open justice principle
Referred to in paragraph 3 of the judgment.
Consent orders in judicial review (CPR PD54A §16)
CPR PD54A §16
Power to determine claim on papers (CPR 54.18)
CPR 54.18
Section 108 and Schedule 18 of the Environment Act 1995
Environment Act 1995
Outcomes
Warrants quashed.
Warrants were unlawfully issued due to referring to a 'search' power not then available to the Environment Agency.
Declaration that warrants were unlawfully issued.
Conceded by the Environment Agency.
Claimants entitled to return of property and destruction of copies.
Consequence of unlawfully issued warrants.
Claim for damages transferred to Manchester County Court.
For further case management.
Environment Agency to pay Claimants' costs.
Successful claimants in judicial review.
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