Interim suspensions and Pawlowski

I have previously blogged about how the obiter dicta in R. (on the application of Singh and others) v. Cardiff City Council [2012] EHWC 1852 (Admin) to the effect that interim suspensions of driver's licences were not lawful. I argued that not only was this obiter dicta which should be confined to the facts of the case, it was per incuriam and wrong.

Depressingly, the dicta in Singh has been given fresh legs by what was in effect a test case brought by the local authority in Reigate and Banstead Borough Council v. Pawlowski [2017] EWHC 1764 (Admin). In this case the dicta in Singh was treated as being correct, with HHJ Keyser Q.C. (sitting as a High Court Judge) providing, obiter, some “limited observations of a general nature” in the “hope of providing a small measure of assistance for the future”.

In an article to be published in the November issue of the Journal of Licensing, I will be submitting that Singh remains wrong, and that its correctness does not appear to have been subject of any argument in Pawlowski. When that article is published I will post it here, but in the meantime if any reader requires any further information they should not hesitate to get in touch with me.

Charles Holland -
Barrister

Licensing law, chancery/commercial litigation and property.

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