AC-2025-LON-003228 - [2025] EWHC 2569 (Admin)

I accept that industrious attempts have been made, on all sides, to try and equip this Court today with a transcript of what exactly was, and was not, said at the various hearings that are recorded in the hearing event log on 22 September 2025. According to the log, the case was called on before the Judge at the following times during the day: (1) 10.06am to 10.28am; (2) 1.08pm to 1.10pm; (3) 2.08pm to 2.18pm; (4) 3.43pm to 3.52pm; and (5) 4.41pm to 5.21pm. But those attempts have been fruitless. I have seen an email from the relevant person within the court system which says that, after searching for the tape, they have been unable to locate it. I canvassed with the parties, ahead of today’s hearing, whether there was anything that I should be doing as the judicial review Judge, to try and at least be able to listen to the tape if possible. But the parties accepted, based on the email, that the trail for a tape and transcript was unfortunately at an end.

I do have the court log to which I have referred. I am aware of the aspects of that log that are said by Mr Kherbane to be incomplete, and one log entry which he told me was incorrect. I have an attendance note from Ms Kenyon. She was prosecution counsel in the criminal proceedings but not in these judicial review proceedings. I also have a composite note, based largely on Ms Kenyon’s attendance note but also from the notes of the defence team. Ms Kenyon has confirmed that she does not take issue factually with what is in that composite note and would agree that the position set out in that note accords with her recollection. That does not mean Ms Kenyon is saying that there was anything incorrect in her first attendance note. I have been assisted by both advocates – Mr Kherbane and Ms Millar – by reference to all of those materials. I am satisfied that I can fairly determine this claim for judicial review without needing to face the prospect of any adjournment to try and get any further or other information. I do not need to hear oral evidence from anyone. I can fairly and properly determine the case on the basis of what I have got and read, and the submissions that have been made very helpfully by the parties about it.