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02 MAR 2012

R (Waxman) v Crown Prosecution Service [2012] EWHC 133 (Admin)

Procedure – Article 6 – civil proceedings – harassment – prosecutions – restraining orders – Article 8 – Human Rights Act 1998 damages

In light of the Supreme Court’s decision in Al Rawi v Security Service [2010] UKHRR 728, a closed evidence procedure adopted by a judge without statutory authority was unlawful.
2 February 2012
Administrative Court
Moore-Bick LJ
(i) Mr Fogel (F) had been convicted of harassing Ms Waxman (W). F was subject of a restraining order. F had twice sought to bring civil proceedings against W for which the Crown Prosecution Service (CPS) had charged F as a breach of the restraining order. However, the CPS did not prosecute F as it concluded that the order did not prevent the right to bring civil proceedings.

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