Diogo Santos-Coelho, R (on the application of) v Carlisle Magistrates Court & Anor
[2024] EWHC 875 (Admin)
Catherine Gedman v Chief Constable of Cheshire Constabulary & Anor
30 March 2023
[2023] EWHC 723 (KB)
High Court
Catherine's house was searched by the police. She tried to get her stuff back and see the warrant paperwork through the High Court, but the judge said she had to go to the Magistrates' Court instead, as they are already dealing with it. The police are allowed to keep her things for now.
Key Facts
- •Catherine Gedman (Claimant) applied for injunctions and disclosure of a warrant following a police raid on December 12, 2022.
- •Property was seized, and Gedman remains on police bail.
- •Two applications were made: one seeking injunctions (return of property, preservation of footage, removal of bail conditions), and another seeking pre-action disclosure of the warrant and supporting evidence.
- •Almost identical proceedings were struck out in Bristol as an abuse of process.
Legal Principles
Power to grant injunctions
Senior Courts Act 1981, s.37(1); CPR 25
Four-stage test for interim injunctions (American Cyanamid)
American Cyanamid v Ethicon [1975] 1 All E.R. 504
Presumed legality of warrants; quashing in judicial review as a pre-condition to civil action
Constables Protection Act 1750, s.6; Moucher v Chief Constable of South Wales Police [2016] EWHC 1367; R (Chaudhary) v Bristol Crown Court [2014] EWHC 4096 (Admin)
Police powers of seizure and retention of property
Police and Criminal Evidence Act 1984, ss.19, 22
Pre-action disclosure
Senior Courts Act 1981, s.33(2); CPR 31.16
Request for information from Magistrates Court
Criminal Procedure Rule 5.9, 5.10
Outcomes
Application for mandatory injunction for return of seized items dismissed.
Quashing of warrant in judicial review is a pre-condition; police power to retain property under s.22 PACE is being lawfully followed.
Application for prohibitory injunction for preservation of body-worn video footage dismissed.
Chief Constable has a duty to retain footage under CPR PD 31B; order unnecessary.
Application for mandatory injunction for removal of bail conditions not pursued by Claimant.
Claimant has the right to apply to the magistrates' court.
Application for pre-action disclosure struck out.
Wrong forum; application not made under s.33(2) SCA 1981; not supported by evidence as required by CPR 31.16(2); Magistrates' Court is the correct forum under Criminal Procedure Rules; procedure already in hand.
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