Bermingham & Anor v R. [2020] EWCA Crim 1662 (09 December 2020)

Bermingham & Anor v R. [2020] EWCA Crim 1662 (09 December 2020)

There was no compelling evidence of jury misconduct or bias; the juror's prior UBS internship was remote in time, superficial, and unrelated to the indictment period or facts. The judge's direction on the Euribor Code was correct in law and previously upheld. The convictions are safe.

Citation
[2020] EWCA Crim 1662
Parties
1st Appellant: Colin Bermingham; 2nd Appellant: Carlo Palombo; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
09 December 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court
Outcome
Appeal dismissed; convictions and sentences upheld.
Legal Topics
Conspiracy to Defraud, Jury Bias, Euribor Manipulation, Judicial Directions, Appeal Procedure
Criminal Law Financial Regulation Conspiracy to Defraud Jury Bias Euribor Manipulation Judicial Directions Appeal Procedure

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Parties

Colin Bermingham

1st Appellant

Carlo Palombo

2nd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court

Legal Issues

  1. 1 Whether the convictions are unsafe due to alleged jury misconduct or bias
  2. 2 Whether the judge's direction on the 'proper basis' for Euribor submissions was legally correct

Ratio Decidendi

There was no compelling evidence of jury misconduct or bias; the juror's prior UBS internship was remote in time, superficial, and unrelated to the indictment period or facts. The judge's direction on the Euribor Code was correct in law and previously upheld. The convictions are safe.

Court Disposition

Appeal dismissed; convictions and sentences upheld.