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21.01.15
Sentence for Ancient Sexual Offences Reduced
Regina v DJP [2014] EWCA 2362 is an interesting judgment of the Court of Appeal who were considering an appeal against conviction and sentence in connection with a number of offences under the old Sexual Offences Act 1956. The defendant had been convicted of a number of offences of rape, attempted rape and indecent assault…
Read more3.12.14
Nick Brett on BBC London 94.9 discussing the criminal appeals process
Brett Wilson LLP partner Nick Brett has been interviewed by Penny Smith and Paul Ross on BBC London 94.9’s Breakfast Show. Mr Brett was asked to take part in the show to provide an expert’s view on the criminal appeal process ahead of the hearing of Michael Adebowale and Michael Adebolajo’s renewed appeals against conviction and sentence for the murder of…
Read more27.11.14
Directions for Loss of Time Served: Is the Court of Appeal losing its patience?
A recent decision in the Court of Appeal in R v Wilson [2014] EWCA Crim 2336 would seem to indicate an increasing risk to appellants being made subject to a loss of time direction even when acting on legal advice. The provision was bought in under section 29 Criminal Appeal Act 1968, where the Court…
Read more28.08.14
Enforcing confiscation beyond benefit disproportionate rules Supreme Court
In the conjoined appeals in the cases of Ahmad and another and Fields and others [2014] UKSC 36 the Supreme Court heard submissions from a stellar array of counsel. Tim Owen QC and Andrew Bodnar from Matrix appeared on behalf of Fields, Andrew Mitchell QC and Kennedy Talbot from 33 Chancery Lane appeared on behalf…
Read more11.02.14
CA warning to private prosecutors
In Virgin Media Ltd v Zinga [2014] EWCA 52 the Court of Appeal was faced with a fascinating conundrum. As has become increasingly common amongst media companies in particular, Virgin had brought a private prosecution against the Appellant who had been selling set top boxes with software to enable premium services. The Appellant was convicted…
Read more21.01.14
Disparity in fraud sentences lawful
In Dosanjh [2013] EWCA 2366 the appellants had been convicted of a £39m MTIC VAT fraud. The three appellants were sentenced to 15 years, 11 years and 9 years respectively. Each was disqualified as acting as a director for a period of 12 years. Clare Montgomery QC appeared on behalf of the first appellant Dosanjh….
Read more2.08.13
Court of Appeal unanimously dismisses ˜right to die appeals
On 31 July 2013, the Court of Appeal dismissed the conjoined appeals in Nicklinson & Anor, R (on the application of) v A Primary Care Trust [2013] EWCA Civ 961, a case challenging the ban on assisted suicide. The appeal was heard by the Lord Chief Justice, the Master of the Rolls and Lord Justice Elias….
Read more25.07.13
stay of confiscation must be exceptional
In Beazley and Beazley [2013] EWCA 567 the Court of Appeal heard an appeal by the prosecution against a terminating ruling of a Recorder to stay confiscation proceedings. The defendants had been convicted of offences contrary to section 92 Trade Marks Act 1994. such offences are in fact ‘criminal lifestyle’ offences by virtue of their…
Read more18.06.13
Supreme Court guidance on venue and stay applications
In VTB Capital PLC v Nutritek Corp [2013] UKsC 5 the supreme Court was asked to consider the refusal by the Court of Appeal to overturn a decision of Arnold J in the High Court that the proper venue for the trial of the claims brought by the Claimant bank was Russia and not the…
Read more11.04.13
Receiver fees from assets discharged from restraint not compatible with ECHR
CPs v Eastenders Group [2012] EWCA 2436 is a fascinating decision of the Court of Appeal in which Lord Justice Laws gives the lead but ultimately dissenting judgment. The CPs had obtained restraint orders over the assets of two defendants and, by piercing the corporate veil, over company assets belonging to Eastenders and also an…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
