Ministry cuts closed building ‘better than Royal Courts’ judges told

William Clegg QC challenged the Ministry of Justice decision to shut Sittingbourne Magistrates’ Court in Kent and told the three judges the consultation process had been so flawed the decision should be quashed.

“I rise in this Victorian court with poor facilities for witnesses, which fails to comply with the current court practices, and which is not fully compliant with the 1995 Disability Discrimination Act, to save a better-appointed Victorian court,” he told them.

The Sittingbourne challenge is the first to reach the High Court following the Ministry of Justice (MoJ) decision to close 142 magistrates and county courts in England and Wales to save £41.5m a year. Other legal challenges in the pipeline include decisions to close Barry Magistrates’ Court and merge the local justice areas of Cardiff and the Vale of Glamorgan, and to close Cardigan Magistrates’ Ccourt.

Local solicitors Robin Murray and Co led the application for judicial review in the Sittingbourne case and Mr Clegg argued on the firm’s behalf the closure will lead to big delays in the area with magistrates, witnesses, defendants, police and representatives of all the other agencies facing longer journeys to alternative courts.

But Sam Grodzinski QC, appearing for the MoJ, said the consultation process had been fair and the closure decision properly made and those consulted were told enough to enable them “to respond intelligently”.

Lord Justice Elias said the court would reserve judgment.