Practice and Procedure

WALTHAM FOREST LONDON BOROUGH COUNCIL (Claimant) v SNARESBROOK CROWN COURT (Defendant) & MOHAMMED ASIF HUSSAIN (Interested Party) (2010)

PUBLISHED March 5, 2010
SHARE

[2010] EWHC 565 (Admin)

Where a summons contained a non-material error, the Crown Court, on an appeal by way of a re-hearing against conviction, had the same power as the magistrates to proceed on the information as it stood. Therefore, where a summons alleging a breach of an enforcement notice correctly identified the person alleged to be in breach as a tenant, but had been laid under the statutory provisions applying to owners, the Crown Court had been entitled to proceed as if the summons had been laid under the correct statutory provsions.

DC (Toulson LJ, Owen J)

05/03/2010

CATEGORIES