30 May 2008
Adorian v Metropolitan Police Commissioner [2008] EWHC 1081 (QB), [2008] All ER (D) 231 (May)
Civil proceedings for trespass to the person commenced by a claimant who has been convicted of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.
Rather, this amounts to a procedural irregularity that can be cured by subsequent application at the discretion of the court (Mr Justice Owen at 33).
