R (Antony Bates) v Highbury Corner Magistrates’ Court (District Judge Brennan) [2025] EWHC 184 (Admin)
Summary
An application for judicial review concerning a summons issued against Antony Bates, the former Chief Financial Officer of Hibu PLC, by District Judge Brennan at Highbury Corner Magistrates’ Court.
The summons was based on allegations of fraud and embezzlement made by James Westhead, a shareholder and director of Hibu Shareholders Grouping Limited (HSG). Westhead believed Bates and other directors were guilty of fraud, but his claims were unfounded and lacked evidence.
The application for the summons was flawed, as it did not provide coherent particulars of the alleged offences or evidence to support the allegations.
The court found that the application was vexatious and an abuse of process. The summons should not have been issued, and the decision to send the case to the Crown Court was quashed. The judicial review succeeded, and Bates was entitled to an order quashing both the issue of the summons and the decision to send him to trial.
The summons was based on allegations of fraud and embezzlement made by James Westhead, a shareholder and director of Hibu Shareholders Grouping Limited (HSG). Westhead believed Bates and other directors were guilty of fraud, but his claims were unfounded and lacked evidence.
The application for the summons was flawed, as it did not provide coherent particulars of the alleged offences or evidence to support the allegations.
The court found that the application was vexatious and an abuse of process. The summons should not have been issued, and the decision to send the case to the Crown Court was quashed. The judicial review succeeded, and Bates was entitled to an order quashing both the issue of the summons and the decision to send him to trial.