Davis, R. v

The applications are summarily refused as frivolous and vexatious because the legal basis for appeal is unarguable and no competent lawyer could have concluded otherwise.

Parties: Prosecution: Regina; Applicant: Zantoe Davis; Applicant: Mercedes Thabangu
Jurisdiction: England and Wales
Judgment Date: 05 December 2013
Procedural Posture: Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome: applications summarily refused as frivolous and vexatious
Legal Topics: Abuse of Process, Advance Fee Fraud, Legal Aid, Refugee Convention, Appeal Out of Time

Criminal Law Immigration Law Abuse of Process Advance Fee Fraud Legal Aid Refugee Convention Appeal Out of Time

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3

Parties

Regina

Prosecution

Zantoe Davis

Applicant

Mercedes Thabangu

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

1 Whether the applicants should be granted an extension of time and leave to appeal against conviction based on alleged negligent legal advice regarding a possible defence under the Refugee Convention
2 Whether the application constitutes an abuse of process

Ratio Decidendi

The applications are summarily refused as frivolous and vexatious because the legal basis for appeal is unarguable and no competent lawyer could have concluded otherwise.

Court Disposition

applications summarily refused as frivolous and vexatious

Orders

Referral of Stephen Fidler & Co to the Solicitors Regulatory Authority for urgent investigation
Referral of Stephen Fidler & Co to the Legal Aid Agency for immediate consideration and review of the self-certification scheme