CANDEY victory in successful Judicial Review of criminal court’s decision

CANDEY have successfully represented the Interested Parties in R (Pradeep Morjaria, Sangita Morjaria) v Westminster Magistrates Court [2023] EWHC 2936 (Admin). In a judgment handed down on 17 November 2023, the Administrative Court upheld Westminster Magistrates’ Court’s decision to set aside the summonses granted against CANDEY’s clients.

The Claimants’ lawyers in the criminal proceedings, Edmonds Marshall McMahon (EMM), and their lawyers in adjacent civil proceedings, Jones Day, were the subject of severe judicial criticism by Lord Justice William Davis and Mrs Justice Stacey. The Court found that the Morjarias had deliberately misled the Magistrates and documents sent to Jones Day and EMM had been unlawfully suppressed until a specific disclosure application was made by the Defence.

The Court described “exchanges between Mr Morjaria and his son [Shamick] and both sets of lawyers” as “evidence of the truly oppressive nature of the criminal proceedings” and said, in no uncertain terms, that “[there] was a failure to disclose highly relevant material.”

The Administrative Court agreed with District Judge Sternberg’s finding that Pradeep Morjaria was motivated primarily by his pursuit of a strategic advantage in the civil proceedings and that this rendered the criminal proceedings an abuse of process.

As Pradeep Morjaria put it in the document he entitled “Full and Final Story”, provided to Jones Day in August 2020 and EMM in October 2021, the threat of criminal sanctions was intended “to bring (CM) to his knees and make him want to settle and close the chapter”.

Pradeep Morjaria’s son, Shamick Morjaria, also suggested involving CM’s wife in the proceedings on the basis that “the more of his family we can attach to this case the stronger our position becomes and the quicker they will come to the table to settle”.

The Court stated that “this was not a proper use of criminal proceedings”. The application to apply for judicial review was therefore refused at the permission stage.

CANDEY instructed Adrian Darbishire KC and Tom Doble of QEB Hollis Whiteman.

EMM instructed David Perry KC and Victoria Ailes of 6KBW and Henry Hughes of 187 Chambers.

The judgment can be found here.