Practice and Procedure

R (ON THE APPLICATION OF PAUL RACKHAM LTD) (CLAIMANT) V SWAFFHAM MAGISTRATES' COURT (DEFENDANT) & THE ENVIRONMENT AGENCY (INTERESTED PARTY) (2004)

PUBLISHED June 17, 2004
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[2004] EWHC 1417 (Admin)

The claimant's application for permission to apply for judicial review had been premature as its proposed challenge to the Environment Agency's decision, to prosecute the claimants for alleged breaches concerning its waste management, had to be determined after investigation of the facts and in the context of the evidence. It would not be appropriate to attempt, by judicial review, on incomplete facts, to intervene in the progress of the prosecution.

DC (Newman J, Toulson J)

17/06/2004

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