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England and Wales decisions
Decisions matching the current search
Neophytou & Anor, R. v [2026] EWCA Crim 489 (27 March 2026)
The Court of Appeal refused to reopen a confiscation-order appeal, holding that a six-month Article 6 delay caused no real injustice and no exceptional circumstances.
Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act 2002 - Crim PR Part 36.15) [2025] EWCA Crim 759 (10 June 2025)
The Court of Appeal reopened the 2018 confiscation appeal to correct the benefit figure, but rejected attempts to reopen earlier confiscation and conviction appeals.
There are no exceptional circumstances or real injustice to justify re-opening the appeal; the claims sought to be resurrected have already been finally determined in fresh proceedings, and any new claims can be pursued in fresh proceedings subject to ECRO permission. The application is totally without merit and an effective alternative remedy exists.
Source excerpt
The applications to re-open previous appeals do not meet the high threshold of CPR Part 52.30. There is no evidence of actual or apparent bias by any judge. The criticisms of the judges are wholly unjustified, and the previous decisions were correct. Mr El Diwany's persistent meritless litigation warrants the imposition of a General Civil Restraint Order for three years.
Source excerpt
The Court of Appeal refused Benjamin Field’s application to reopen his murder appeal, holding that Crim PR 36.15 was not engaged and no unfairness or bias was shown.
Field, R. v [2022] EWCA Crim 316 (16 March 2022)
The Court of Appeal refused an application to reopen Field’s murder appeal, holding there was no real injustice, procedural unfairness, or bias.
Khan, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 1655 (09 November 2021)
Court of Appeal refused to reopen a refusal of permission to appeal in an immigration judicial review, holding CPR 52.30 was not satisfied.
Zelenko v Prosecutor General of the Republic of Latvia [2021] EWHC 366 (Admin) (24 February 2021)
The Administrative Court refused an application to re-open an extradition appeal and to keep a stay on removal to Latvia, finding no sufficiently firm basis for further relief.
Cunningham & Anor v R. [2019] EWCA Crim 2101 (29 November 2019)
The Court of Appeal held that the Registrar cannot determine the merits of reopening applications and that such applications go to the full court. Both applications were refused.
Rostami v R. [2018] EWCA Crim 1383 (19 June 2018)
The Court of Appeal Criminal Division refused an application to re-open the refusal of leave to appeal conviction, finding no real injustice from the alleged notice failures.
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