Category Archives: Court of appeal

Review body refuses to refer Jeremy Bamber case back to court of appeal

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CCRC says the four grounds his lawyers argue undermine safety of conviction for 1985 murders fail to meet threshold

The Criminal Cases Review Commission has refused to refer the case of Jeremy Bamber, who was convicted of murdering five members of his family in 1985, back to the court of appeal.

The CCRC, whose chair Helen Pitcher resigned in January and whose chief executive resigned this week after successive justice secretaries declared the miscarriage of justice review body unfit for purpose, has spent four years examining just four of the 10 grounds Bamber’s lawyers identified as undermining the safety of his conviction. It will continue to examine the other six.

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Jailed wife of ex-Tory councillor loses sentence appeal over Southport tweet

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Lucy Connolly was imprisoned for 31 months for stirring racial hatred online after deadly knife attacks

A childminder who was jailed for 31 months after calling for hotels housing asylum seekers to be set on fire after the Southport attacks has lost an appeal against her sentence at the Court of Appeal.

Lucy Connolly, who was married to a Conservative councillor, said in an X post in July last year: “Mass deportation now, set fire to all the fucking hotels full of the bastards for all I care … if that makes me racist so be it.”

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Southport killer’s sentence will not be referred to court of appeal

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Attorney general declines to refer Axel Rudakubana’s 52-year minimum sentence to unduly lenient sentence scheme

The sentence of the Southport killer will not be referred to the court of appeal under the unduly lenient sentence scheme, the attorney general has said.

Axel Rudakubana, 18, was handed a 52-year minimum sentence for murdering three girls at a dance class, the second-longest sentence imposed by the courts in English history, but the Southport MP Patrick Hurley previously asked the attorney general to review the sentence as “unduly lenient”, saying it is “not severe enough”.

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Sacking of Christian school worker over posts about LGBTQ+ lessons unlawful, court rules

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Kristie Higgs was dismissed after sharing posts on plans to teach equalities programme at her son’s C of E school

A Christian school worker who was sacked after she shared Facebook posts raising concerns about lessons in LGBTQ+ relationships for primary schoolchildren has won her battle in the court of appeal.

Kristie Higgs was dismissed from her role as a pastoral administrator and work experience manager at Farmor’s, a secondary school in Fairford, Gloucestershire, in 2019 after an anonymous complaint from a parent at the school.

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Ban on naming Sara Sharif care case judges would have ‘corrosive impact’, court told

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Media organisations are challenging ruling that they cannot name three judges involved in proceedings relating to 10-year-old who was later murdered

A unprecedented ban on naming judges who oversaw proceedings related to the care of Sara Sharif before she was murdered is likely to have a “corrosive impact” on public confidence in the justice system, the court of appeal has been told.

Mr Justice Williams ruled in December that the media could not name three judges who oversaw three sets of family court proceedings relating to the 10-year-old schoolgirl over concerns they would be subject to a “virtual lynch mob”. He also said he did not believe the media could be trusted to report matters in a fair, accurate and responsible way.

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Woman loses appeal over child’s birth certificate after ex-wife had sex with donor

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Judge dismisses challenge over removal of woman’s name and warns against risks of informal conception arrangements

A woman has lost a court of appeal challenge over her name being removed from a child’s birth certificate after her ex-wife admitted she secretly had sex with their sperm donor.

The “unprecedented” and “unusual” case centred on the question of who were the legal parents of a girl, now aged six.

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Prince Harry wins right to appeal against security ruling

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Duke of Sussex allowed to challenge high court decision that upheld Ravec’s finding on protection

The Duke of Sussex has been granted permission to appeal against the dismissal of his high court challenge over a change to his level of personal security when he visits the UK.

Prince Harry took legal action against the Home Office over the decision of the Executive Committee for the Protection of Royalty and Public Figures (Ravec) that he should receive a different degree of taxpayer-funded protection when in the country.

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Vulnerable man ‘humiliated’ into confessing to 1990 London murder, court told

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Court of appeal hears Oliver Campbell was convicted on basis of inconsistent confession made under police pressure

There is a “crescendo of concern” from psychological experts that a vulnerable man was convicted of murder on the basis of a false confession, the court of appeal heard on Wednesday.

Oliver Campbell was convicted of murdering east London shopkeeper Baldev Hoondle 33 years ago after telling police he had shot him. But Campbell, 53, suffered profound brain injuries as a baby, leaving him with significantly impaired cognitive ability.

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Wrongly convicted in Britain no longer forced to pay ‘saved living costs’ in prison

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The government has scrapped controversial guidance over deductions to compensation in miscarriage of justice cases

People who have been wrongly convicted will no longer have to pay living expenses for the time they spent in prison, the government will announce on Sunday after widespread outrage over the case of Andrew Malkinson.

One of Britain’s longest-serving victims of a miscarriage of justice, Malkinson, 57, had his conviction overturned last month by the court of appeal after spending 17 years in prison for a rape he did not commit.

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Over 24,000 UK asylum seekers could be sent to Rwanda despite court ruling

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Home Office sent 24,083 letters of intent warning refugees they were being considered for forcible removal

More than 24,000 asylum seekers from about one-third of the world’s countries could face removal to Rwanda by the UK Home Office in the future, even though the scheme was found to be unlawful in the court of appeal on Thursday.

Home Office data obtained under a freedom of information request shows that, between January 2021 and March 2023, 24,083 asylum seekers were issued with letters warning them that they were being considered for forcible removal to Rwanda.

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Observer’s Carole Cadwalladr facing heavy legal costs in Arron Banks case

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Criticism over latest development in long-running libel dispute between the leading Brexit backer and the journalist

The award-winning Observer and Guardian journalist Carole Cadwalladr has been ordered to pay significant legal costs to the prominent Brexit backer Arron Banks.

Banks, who donated a record £8m to the pro-Brexit Leave.EU campaign group, originally lost his case against Cadwalladr in his libel action over her remarks in a speech and a tweet.

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Asylum seekers win permission for Rwanda policy legal challenge

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Ten people from conflict zones threatened with removal to Africa claim there has been a failure to consider risks of deportation

A court of appeal judge has ruled that a group of asylum seekers can bring a legal challenge against the Home Office for what they claim has been a failure to consider the dangers and risks of deporting them to Rwanda.

Lord Justice Underhill, the vice-president of the court of appeal’s civil division, has granted permission for the group to appeal against the government’s controversial policy on some grounds.

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Serial cyberstalker Matthew Hardy has jail term cut

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Jail term reduced by a year owing to legal oversight in original sentencing at Chester crown court

The court of appeal has reduced the jail sentence of a serial cyberstalker who harassed women by creating fake social media accounts to spread fake claims about them.

Matthew Hardy, 31, was jailed for nine years last January at Chester crown court after pleading guilty to stalking involving fear of violence and harassment after breaching a restraining order.

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Victims of Brazil’s worst environmental disaster to get day in UK courts

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Court of appeal judgment allows £5bn lawsuit against mining giant BHP by more than 200,000 victims of 2015 Mariana dam disaster

More than 200,000 victims of Brazil’s worst environmental disaster will have their case heard in a UK court, making it the largest group claim in English legal history.

The lawsuit is against the Anglo-Australian mining company BHP – one of the biggest companies in the world – for their involvement in the collapse of the Mariana dam in 2015, which released toxic mining waste down 400 miles (640km) of waterways along the Doce River. Claimants are seeking at least £5bn ($6bn) in compensation.

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Archie Battersbee’s parents win court of appeal fight in life-support case

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Family of 12-year-old challenged ruling Archie is brain-stem dead and treatment can be stopped

The parents of Archie Battersbee have won an appeal against ending the 12-year-old’s life support treatment.

A high court judge had ruled that Archie, who sustained brain damage about three months ago, was ”brain-stem dead” after a hospital trust asked it to decide what was in his best interests.

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Colston Four acquittal to be referred to court of appeal

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Unusual move to seek legal clarification, which cannot reverse verdict, amounts to the ‘politicisation of jury trials’, says defence lawyer

The attorney general has referred the case of four protesters cleared of the toppling of the statue of the slave trader Edward Colston to the court of appeal for legal direction.

In a rare move, which cannot reverse the not guilty verdicts, Suella Braverman is to ask appeal judges for clarification on whether defendants can cite their human rights as a defence in a case of criminal damage.

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Mother jailed for harming baby hits out at ‘unjust’ appeal ruling

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Lawyers and campaigners fear decision not to grant appeal against conviction risks silencing other victims of domestic abuse

A mother jailed for harming her baby has accused the courts of “injustice” after judges accepted she was a victim of abuse but ruled against an application for an appeal against her conviction made on the grounds that her violent ex-partner coerced her to lie at her trial.

The woman, known as “Jenny”, was convicted in 2017 of causing or allowing serious harm after her child sustained skull fractures and bleeding on the brain. The baby’s father was her co-defendant but was acquitted on a lesser charge.

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Freshwater part 6: the decision

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The court of appeal in London hears the appeal of the Freshwater Five. In the final part of our miniseries, we find out how the judges reach their decision and what it means

The case of the Freshwater Five, convicted a decade ago of attempting to smuggle £53m (A$96m) worth of cocaine into the UK, makes it to the England and Wales court of appeal, where new evidence is heard that the men hope will clear their names. Anushka Asthana follows the week-long hearing, sitting alongside the men’s families as the barristers argue the case.

The court of appeal can consider new evidence not heard by the original jury, and so the bar to overturning the convictions is set high. Nevertheless, the appeal has several grounds: one aspect focuses on new radar data that the men hope would show they were not close enough to the cargo ship that was alleged to be the other vessel involved in the transfer of drugs. There is also evidence purporting to show a new suspect vessel in Freshwater Bay as well as a surveillance plane that should have been able to spot the drugs floating in the water if indeed they were there at the time the prosecution suggested.

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CPS accused of ‘systemic illegality’ in charging rape cases

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Changes in policy since 2016 have led to an overly risk-averse approach, court of appeal hears

The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.

On the opening day of the hearing at the court of appeal, lawyers for the Centre for Women’s Justice (CWJ) and End Violence Against Women (EVAW) accused the CPS of “raising the bar” for rape prosecutions, which they argued had led to a steep drop in the number of cases being charged.

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Grime artist who raped four women has jail sentence increased

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Appeal court adds six years to prison term of Andy Anokye, 33, who performed under the name Solo 45

A man who held four women against their will and repeatedly raped them has had his sentence increased by the court of appeal.

Victims of Andy Anokye, 33, who performed as a grime artist under the stage name Solo 45, told how he beat and threatened them with weapons, held a cloth with bleach over their faces and waterboarded them, recording much of the abuse on his mobile phone.

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