R v Chief Constable of the Warwickshire Constabulary, ex parte Fitzpatrick

JurisdictionEngland & Wales
Date1998
CourtDivisional Court
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42 cases
  • Power-Hynes and Another v Norwich Magistrates' Court and Another
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 26 June 2009
    ...Hunt and HCAF. In support of this submission, he cited the decision of this Court in R (Fitzpatrick) v Chief Constable of Warwickshire [1999] 1 WLR 564. In that case, the warrant sought documentation and information “relating to the stated offence”. The offence, advance fee fraud, had been ......
  • BES Commercial Electricity Ltd v Cheshire West and Chester Borough Council
    • United Kingdom
    • Queen's Bench Division
    • 2 April 2019
    ...18 Again, there is no shortage of authority on this point. Of particular note is the case of R (Fitzpatrick) v CC Warwickshire [1999] 1 WLR 564 in which the Divisional Court held at p. 579: “Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which ......
  • R (Sher) v Chief Constable of Greater Manchester
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 21 July 2010
    ...decision to issue a search warrant may potentially be the subject of judicial review: see, for example, R v Chief Constable of the Warickshire Constabulary ex parte Fitzpatrick [1999] 1 WLR 564. However, as Jowitt J made plain in that case, such a decision can only be challenged in a public......
  • R (Faisaltex Ltd) v Preston Crown Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 21 November 2008
    ...for example, in section 8(1)(c), that the material “is likely to be relevant evidence”. As this court observed in R v. Chief Constable of Warwickshire, ex parte Fitzpatrick [1999] 1 WLR 564, 574H, “a likelihood is less than a probability.” The burden of showing that the judge acted ultra vi......
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2 books & journal articles
  • Legal Privilege in Criminal Cases Generally, and Money‐Laundering Cases in Particular
    • United Kingdom
    • Journal of Money Laundering Control No. 4-1, March 2000
    • 1 March 2000
    ...R v Southampton Crown Court ex parte J and P [1993] Cr L R 962. See transcript, 21st December, 1992, pp. 26A-28D and pp. 34A-35F. (40) [1999] 1 WLR 564. (41) Ibid. at p. 574-575. For further judicial dicta to this effect, see Reynolds v MPC [1985] QB 881, per Waller LJ at p. 889A-C, and per......
  • Recent Judicial Decisions
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 73-3, January 2000
    • 1 January 2000
    ...a search had been authorised in the warrant.His Lordship noted that in RvChief Constableofthe WarwickshireConstabulary, ex p Fitzpatrick [1999] 1 WLR 564 it had been said thatthe criteria which a magistrate had to be satisfied of in s. 8(1) had to besatisfied in respect of material that was......

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