Court of Appeal dismissed an appeal from the High Court, and affirmed decision, refusing an auctioneer an order of prohibition against his prosecution in the District Court for trading without a licence, as required by statute. The auctioneer's appeal, which sought to challenge the Property Services Regulation Authority's decision to prosecute him personally following the liquidation of the company he directed, was dismissed on the grounds that the judicial review application was out of time and that the issues raised were more appropriately dealt with by the trial judge. The original decision to prosecute was based on evidence that the auctioneer had conducted business without a licence, a matter which the Court of Appeal agreed should be addressed in the District Court.
Property Services Regulation Act 2011 – auctioneer – Property Services Regulation Authority – license – prosecution – judicial review – High Court – Court of Appeal – prohibition – declaratory reliefs – District Court – extension of time – investigation report – statutory precondition – admissibility of evidence – fair trial - European Convention on Human Rights – Rules of the Superior Courts (RSC) – Order 84 Rule 21(3) – company liquidation – individual prosecution – inspectors' notes – destruction of evidence – trial judge jurisdiction
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