Smith, R v

Smith, R v

The abandonment of the appeal was a nullity because the applicant was unaware and did not consent, and the solicitors lacked authority to abandon the appeal.

Parties
Prosecution: Regina; Applicant: Michelle Smith
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Criminal Appeal / Application to Treat Abandonment as Nullity
Outcome
Abandonment treated as nullity
Legal Topics
Appeal Abandonment, Solicitor Authority, Regulatory Referral
Criminal Law Legal Ethics Appeal Abandonment Solicitor Authority Regulatory Referral

Case Brief

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Parties

Regina

Prosecution

Michelle Smith

Applicant

Procedural Posture

Criminal Appeal / Application to Treat Abandonment as Nullity

Legal Issues

  1. 1 Whether the abandonment of appeal was valid
  2. 2 Whether solicitors had authority to abandon appeal

Ratio Decidendi

The abandonment of the appeal was a nullity because the applicant was unaware and did not consent, and the solicitors lacked authority to abandon the appeal.

Court Disposition

Abandonment treated as nullity

Orders

  • Appeal to proceed to consideration by a single judge
  • Copy of judgment to be sent to Solicitors Regulation Authority