*/
Warrant – Search warrant. A search and seizure warrant was issued and executed at the claimants' home and business address, and a large quantity of material was seized. They issued judicial review proceedings, contending that the warrant had been unlawfully issued and the documents wrongly taken on the basis of material non-disclosure. The Divisional Court, in allowing the application, determined the applicable test for setting aside a warrant. Applying that test, it set aside the warrant, as there had been a material non-disclosure which might well have led the judge to issue a warrant which, had there been full candour, he would have refused to issue.
Warrant – Search warrant. A search and seizure warrant was issued and executed at the claimants' home and business address, and a large quantity of material was seized. They issued judicial review proceedings, contending that the warrant had been unlawfully issued and the documents wrongly taken on the basis of material non-disclosure. The Divisional Court, in allowing the application, determined the applicable test for setting aside a warrant. Applying that test, it set aside the warrant, as there had been a material non-disclosure which might well have led the judge to issue a warrant which, had there been full candour, he would have refused to issue.
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