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R (TP) v West London Youth Court (2005) EWHC 2583 (Admin)

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The Youth Court judge was not satisfied on the balance of probabilities that the claimant would be unable effectively to participate in the proceedings because of his low intellectual ability, so decided not to stay the proceedings for abuse of process; the claimant's judicial review application (on standard of proof, reasons and Article 6 grounds) failed.

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21 November 2005

Before: Scott Baker LJ, Rafferty J

Mr Hugh Southey (instructed by Lawrence & Co.) for the Claimant

Mr Mark Heywood (instructed by The Crown Prosecution Service) for the 1st Interested Party

Mr Martin Chamberlain (instructed by the Treasury Solicitor) for the 2nd Interested Party

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