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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates' Court & Anor [2011] EWCA Civ 1188 (25 October 2011) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2011/1188.html Cite as: [2012] EMLR 11, [2011] EWCA Civ 1188, [2011] WLR 3253, [2012] CP Rep 5, [2011] 1 WLR 3253 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Sullivan LJ and Silber J
Case No CO/7737 and 7272/10: [2010] EWHC 3376 (Admin)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE JACKSON
and
LORD JUSTICE AIKENS
____________________
THE QUEEN (ON THE APPLICATION OF GUARDIAN NEWS AND MEDIA LIMITED) |
Appellant Claimant |
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- and - |
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CITY OF WESTMINSTER MAGISTRATES' COURT - and - THE GOVERNMENT OF THE UNITED STATES OF AMERICA |
Respondent Defendant Interested Party |
____________________
David Perry QC and Melanie Cumberland (instructed by Crown Prosecution Service) for the Interested Party
Hearing date: 11 October 2011
____________________
Crown Copyright ©
The Master of the Rolls:
A summary of the factual background
The jurisdiction issue: the arguments
The jurisdiction issue: the case law
"[T]he immediate proceeding [i.e. the habeas corpus application] … was not the cause or matter to which the section refers. The cause or matter in question was the application to the court to exercise its powers under the Allied Forces Act … to deliver the appellant to the Dutch military authorities. It is in reference to the nature of that proceeding that it must be determined whether there was an order made in a criminal cause or matter."
Lord Porter said at [1943] AC 147, 164, that for section 31(1)(a) to apply "it is enough if the proceeding in respect of which mandamus was asked is criminal".
The jurisdiction issue: discussion
The application for permission to appeal
Conclusion
Lord Justice Jackson:
Lord Justice Aikens: