[2009] EWCA Civ 18

The requirement of the Criminal Justice Act 2003 s.329(2) that the court's permission had to be obtained to bring proceedings in the circumstances specified by the section was procedural and directory. If proceedings were brought without permission the defect could, if appropriate, be cured on application to the court, which could reflect in costs its view of the conduct of the proceedings.

CA (Civ Div) (Sedley LJ, Keene LJ, Smith LJ )


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