Michael Magarian, leading Catherine Oborne, was instructed by Gavin Rose of Wells Burcombe for the purposes of an appeal on a highly technical point of law relating to the limits of a Crown Court judge’s powers to act as a Magistrate.
The issue was identified by the Registrar as being of sufficient significance to warrant a special constitution of the Court to hear several consolidated appeals. Michael was acting for the first appellant, and his submissions were adopted by all the other counsel.
The Court accepted that there had been a total jurisdictional failure in the procedure which was adopted by the lower court, and quashed the guilty pleas which had been entered as a result.
The case is now available on BAILII here.