Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 1560 (Ch); [2009] All ER (D) 58 (Jul)
A Practice Direction was binding on the court and accordingly would be recognised and applied. The only exception to that would be that the obligation might yield, in a particular case, to the exercise of case management powers under the CPR.
Where there was a conflict between the legislation and a practice direction, the legislation would prevail, but if there was no conflict then the practice direction would be applied. The regularisation of the basis upon which statutory powers or discretions were to be exercised by the court was an entirely proper function of a practice direction.
Neither did it involve an unlawful restriction or fetter on the exercise of the court’s powers because the court retained the ability to exercise its specific case management powers in a way that departed from the practice if there was a good reason to do so in a particular case
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