*R (on the application of the Director of Public Prosecutions) v Sunderland Magistrates' Court; R (on the application of Kharaghan) v City of London Magistrates' Court

Judicial review – Application for judicial review. There was no doubt that mistake of material fact leading to unfairness was available as a ground of judicial review in the first case, as all five requisite conditions were met. The Divisional Court further held that, in the specific circumstances of the second case, as they had been believed to be at the time, the justices had been entitled, in the exercise of their discretion, to grant the adjournment, such that it was not necessary to consider whether the five conditions were met.

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