Kapotra v R.
The restraining order was quashed because there was no sound evidential basis and procedural requirements for notice and opportunity to respond were not met.
- Parties
- Appellant: Davinder Kapotra; Respondent: The Queen
- Jurisdiction
- England and Wales
- Judgment Date
- 26 July 2011
- Procedural Posture
- Criminal Appeal / Appeal Against Restraining Order After Acquittal
- Outcome
- appeal allowed
- Legal Topics
- Restraining Orders, Acquittal, Protection From Harassment, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Davinder Kapotra
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order After Acquittal
Legal Issues
- 1 Whether the restraining order imposed after acquittal was justified
- 2 Whether procedural requirements for imposing a restraining order were met
Ratio Decidendi
The restraining order was quashed because there was no sound evidential basis and procedural requirements for notice and opportunity to respond were not met.
Court Disposition
appeal allowed
Orders
- restraining order quashed
Full Case Text
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