Judge's dismissal rulings upheld in BWLLP case

Brett Wilson LLP acted for H in R v C, s, W, D and H [2012] EWCA 1762 in which the Crown Court had dismissed counts 1 -5 on an indictment alleging conspiracy to launder the proceeds of crime. The prosecution appealed against the Judges ruling in counts 1,4 and 5. They also appealed against three rulings made in favour of H regarding the admissibility of evidence. The prosecution had appealed out of time and had failed to give proper notice in accordance with CPR r 67. On the latter point the Court of Appeal extended time up to the date of the hearing as they were satisfied that the Respondents had not been prejudiced. In order to be successful in its appeal against the terminating rulings, the Crown had to satisfy the Court that each of the rulings made by the Circuit Judge were unreasonable in the Wednesbury sense. It failed to do so on each ground and the entire appeal was therefore dismissed.