Conaghan, R. v

Conaghan, R. v

Applications for leave to appeal, extensions of time, and admission of fresh evidence were refused due to lack of merit, failure to meet legal criteria, and inexcusable delay. Assistance by non-qualified third parties is only permitted in exceptional circumstances. Loss of time orders are appropriate to deter unmeritorious applications.

Parties
Prosecution: Regina; Applicant: Terence Conaghan; Applicant: Thomas William Henry James; Applicant: David Noel Ramchaitar; Applicant: Michael Herbert Solomon
Jurisdiction
England and Wales
Judgment Date
28 February 2017
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction
Outcome
Applications for extension of time, leave to appeal, and admission of fresh evidence refused.
Legal Topics
Rights of Audience, Assistance by Third Parties, Extension of Time, Fresh Evidence, Loss of Time Orders
Criminal Law Appellate Procedure Rights of Audience Assistance by Third Parties Extension of Time Fresh Evidence Loss of Time Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Terence Conaghan

Applicant

Thomas William Henry James

Applicant

David Noel Ramchaitar

Applicant

Michael Herbert Solomon

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether non-legally qualified third parties may assist or represent applicants in the Court of Appeal Criminal Division
  2. 2 Whether extensions of time for leave to appeal should be granted
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

Applications for leave to appeal, extensions of time, and admission of fresh evidence were refused due to lack of merit, failure to meet legal criteria, and inexcusable delay. Assistance by non-qualified third parties is only permitted in exceptional circumstances. Loss of time orders are appropriate to deter unmeritorious applications.

Court Disposition

Applications for extension of time, leave to appeal, and admission of fresh evidence refused.

Orders

  • Loss of time order of 28 days made against James and Solomon.
  • No loss of time order made against Conaghan and Ramchaitar due to circumstances.