Judicial Review Success

A Lancashire pensioner, who was in peril of losing his liberty, has won a claim for judicial review, that alleged that he had been unfairly treated by Blackburn Magistrates.

John Layland, a retired motor dealer, of Newsholme, Gisburn, Lancashire, found he couldn’t meet the terms of a compensation order made against him in 1997. He asked the East Lancashire Justices to vary or discharge the order to take account of his limited means. The justices refused to do so, despite hearing evidence of his means. Instead the justices threatened  to send Mr Layland to prison.

On 23rd July a Divisional Court found that the justices’ reasoning had been inadequate, and their order was accordingly quashed. The case has been remitted to the Magistrates’ Court to consider the matter afresh.

Tim Storrie and Rebecca Stanton of JGT Solicitors, Burnley acted for Mr Layland.