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Hendersons - Barristers' Chambers
News Professional Discipline & Regulatory 18th Jan 2023

UKSC Refuse Permission in London Borough of Barking & Dagenham v Argos Limited

The Supreme Court has refused permission to appeal (4 January 2023, Lords Briggs, Hamblen and Leggatt JJSC) the Divisional Court’s leading judgment on when a Summons will be invalid in the Magistrates’ Court – [2022] EWHC 1398 (Admin), meaning that that judgment now stands on that issue. Regulatory and corporate crime practitioners may also be interested in the costs judgment in that case which sets out the costs position when a prosecutor is successful before the Divisional Court (on a case stated/judicial review) prior to conviction. The criminal costs regime applies (generally, costs awarded to a prosecutor on conviction only) and not the CPR civil costs regime despite the fact that the proceedings are otherwise governed by the CPR. This is a retail trading standards underage knife sales prosecution. Adam Heppinstall KC and Thomas Mallon acted for the prosecutor in this leading case, and they regularly act for and advise all parties in regulatory and corporate criminal matters.

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